The House of Representatives has summoned the leadership of Independent National Electoral Commission (INEC) to appear before its committee on Electoral Matters over delay in the conduct of by-elections for vacant seats in the National and State Assemblies.
The resolution of the House followed the adoption of a motion moved at the plenary on Tuesday by Hon. Jafaru Leko.
Presenting the motion, the lawmaker said the electoral body was vested with the responsibility of conducting elections for the federal States, Federal Capital Territory and Area Councils of the Federal Capital Territory.
He added that Sections 47 and 90 of the Constitution, (as amended), outlines the Establishment of the National Assembly and the State Houses of Assembly, ensuring the right of citizens to be represented in the federal and state legislative bodies.
Leko noted that since 2023 general and subsequent elections, there had been instances of resignations, deaths, appointments, or appointments of former members of both the National and State Assemblies to executive positions.
He pointed out that Section 68 of the Constitution provides for the cessation and vacation of seats of the National Assembly, whereas Section 76(2) stresses the need for a by-election to be conducted not later than one month after the vacancy occurs.
Leko added that upon declaration of these seats as vacant, INEC is obligated, under the provisions of Section 76(2), to conduct by-elections to fill the vacant positions and ensure proper representation of the affected constituencies.
He expressed worry that continued vacancy of these seats, without the holding of timely Bye-elections results in the disenfranchisement of the affected citizens, which constitutes a violation of the constitutional principles of representation and deprives the electorates of their right to adequate representation.
Leko expressed concern that the delay in conducting the by-elections for the vacant seats was a contravention of constitutional provision, a breach of the due process and denial of the affected constituencies’ proper representation;
He argued that INEC violated the principles of democracy and representative governance, leaving citizens unrepresented, and also obstructs legislative activities, as Committees and Plenary Sessions lack full participation from duly elected members;
The lawmaker decried that this electoral inaction sets a dangerous precedent, where compliance with the Constitution and electoral laws become optional rather than mandatory.
The House resolved: “Mandate the Committee on Electoral Matters to investigate the issue of electoral inaction and invite the leadership of the Independent National Electoral Commission (INEC) to provide a detailed explanation of the reasons behind the delay and the steps taken to rectify the situation.”
It also mandated its Committee on Legislative Compliance to ensure implementation and report within four weeks for further legislative action.
