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Reps to probe INEC over delay in conducting by-elections

The House mandated that the Committee on Electoral Matters invite the leadership of INEC to explain the reasons behind the delay.

• February 18, 2025
House of Representatives
House of Representatives (Credit: Daily Trust)

The House of Representatives says it will investigate the delay by the Independent National Electoral Commission (INEC) in conducting by-elections into the vacant seats in the legislature.

The resolution was sequel to the adoption of a motion by Rep. Jafaru Leko (APC-Bauchi) at plenary on Tuesday.

Moving the motion earlier, Mr Leka said that since the 2023 general elections, there had been instances of resignations, deaths and appointments of former members of both the national and state assemblies to executive positions.

He said section 68 of the 1999 Constitution (as amended) provided for the cessation and vacation of seats of the National Assembly.

The lawmaker further said section 76(2) stressed the need for a by-election to be conducted not later than one month after a vacancy had occurred.

“Upon the declaration of these seats as vacant, the 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.

“Worried that Nigeria practices a constitutional democracy that the continued vacancy of these seats, without the holding of timely by-elections results in the disenfranchisement of the affected citizens, which constitutes a violation of the constitutional principles of representation.

“It deprives the electorate of their right to adequate representation; the delay in conducting the by-elections for the vacant seats is a contravention of constitutional provisions, a breach of the due process and denial of the affected constituencies’ proper representation.

“This 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.

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

The House mandated that the Committee on Electoral Matters invite the leadership of INEC to explain the reasons behind the delay and the steps taken to rectify the situation.

In his ruling, the speaker, Tajudeen Abbas, mandated the Committee on Legislative Compliance to ensure implementation and report for further legislative action within four weeks.

(NAN)

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