Reps to summon INEC chair over delay in assembly bye-elections

The House of Representatives on Tuesday mandated its Committee on Electoral Matters to invite the Chairman of the Independent National Electoral Commission, Prof Mahmood Yakubu, to appear before it to explain the reasons for the delay in conducting bye-elections to fill the vacant seats in the National and State Assemblies.

The House made the decision during plenary following the adoption of a motion moved by the member representing the Bogoro/Dass/Tafawa Balewa Federal Constituency in Bauchi State, Mr Jafaru Leko.

Moving the motion, Leko argued that since the conclusion of the 2023 general elections and the subsequent inauguration of the winner, “There have been instances of resignations, deaths, and appointments of former members of both the National and State Assemblies to executive positions.”

Citing Section 68 of the 1999 Constitution (as amended), the All Progressives Congress lawmaker said such seats must be declared vacant, stressing that Section 76(2) provides for a bye-election to be conducted not later than one month after the vacancy occurs.

“The House is aware that, upon the declaration of these seats as vacant, the Independent National Electoral Commission 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;

“The House is worried that Nigeria practices a constitutional democracy and the 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 electorate of their right to adequate representation.

“We are also concerned that the delay in conducting the bye-elections for the vacant seats contravenes the constitutional provision, breaches due process, and denies the affected constituencies their proper representation.”

Leko further reminded his colleagues that inaction by INEC violates the principles of democracy and representative governance, “Leaving citizens unrepresented also obstructs legislative activities, as committees and plenary sessions lack full participation from duly elected members.

“We are concerned that this electoral inaction sets a dangerous precedent, where compliance with the constitution and electoral laws becomes optional rather than mandatory.”

With the adoption of the motion, the House urged its Committee on Electoral Matters to “Investigate the issue of electoral inaction and invite the leadership of INEC to provide a detailed explanation of the reasons behind the delay and the steps taken to rectify the situation.”

It also mandated the Committee on Legislative Compliance to ensure implementation and report within four weeks for further legislative action.