House calls on INEC to conduct bye-elections for vacant seats

By Tom Okpe

The House of Representatives has called on the Independent National Electoral Commission, INEC, to conduct Bye Elections for vacant seats in the National and States’ Houses of Assembly.

The Green Chamber, therefore, mandated its Committee on Electoral Matters to investigate the matter and invite INEC leadership, to provide detailed explanation of the reasons behind the delay and, steps taken, to rectify the situation.

This followed adoption of a motion moved by member, representing Dass, Tafawa Balewa/Bogoro Federal Constituency of Bauchi State, Rep Jafaru Leko at plenary on Tuesday.

Moving the motion, Leko noted that since 2023 general and subsequent elections, had been instances of resignations, deaths, appointments, or appointments of former members of both the National and State Houses of Assembly to executive positions.

He said: “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 bye-election to be conducted not later than one month after the vacancy occurs.”

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Leko said; “upon the declaration of these seats as vacant, INEC is obligated, under the provisions of Section 76(2), to conduct bye-elections to fill the vacant positions and ensure proper representation of the affected constituencies.

“Nigeria practices a constitutional democracy that the continued vacancy of these seats, without the holding of timely Bye-elections results in the disenfranchisement of the affected, citizens, which constituted a violation of the constitutional principles of representation and deprives the electorates of their right to adequate representation.

This electoral inaction from the Independent National Electoral Commission (INEC) violates 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 delay in conducting the bye-elections for the vacant seats is a contravention of constitutional provision, a breach of the due process and denial of the affected constituencies’ proper
representation.

“This electoral inaction sets a dangerous precedent, where compliance with the Constitution and electoral laws become optional rather than mandatory.”