Independent National Electoral Commission (INEC), has given reasons the seats of Ifeanyi Uba, the Senator representing Anambra South and Monday Okpebholo, incumbent Governor of Edo State are still vacant at the Red Chambers of the National Assembly.
Uba, of the Young Progressives Party (YPP), died in London in July 2024, why Okpebholo, who left the Senate to campaign for his election in Edo State, had his seat declared vacant in December 2024, after he was sworn into office.
Regardless, the two seats, have not been filled alongside 14 others in the National Assembly including the House of Representatives as well as state Houses of Assembly for the main reason of paucity of funds.
The Nation reports that the situation might remain that way until funding is released, quoting officials of the commission as saying that it is actually sourcing for the necessary funding to fulfill the obligation of filling the 16 vacancies, in the affected 12 states across the country.
Against the backdrop of INEC already overshooting its timeframe for the election, and thus breaching Section 76(2) of the Constitution which prescribes a by-election into a vacant seat within one month, the Senate had passed a resolution directing INEC to hold elections into the two vacant seats in the Red Chamber.
Before then, the House of Representatives had in February resolved to also investigate the delay directing its Committee on Electoral Matters to invite the leadership of INEC to provide a detailed explanation of the reasons behind the delay.
Apart from the Senate seats in Edo and Anambra, there also five vacant House of Representatives seats in Edo, Oyo, Kaduna, Jigawa and Ogun states, while the remaining nine seats are in Houses of Assembly.
The vacant House of Representatives includes that Ovia North-South Federal Constituency vacated by Dennis Idahosa, now Deputy Governor of Edo State, Isa Dogonyaro (Garki-Babura, Jigawa); Ekene Abubakar Adams (Chikun-Kajuru, Kaduna State); Olaide Akinremi (Ibadan North, Oyo State) and Oriyomi Adewunmi Onanuga (Ikenne-Sagamu-Remo North, Ogun State), resulting from the death of the affected members.
At the first quarterly meeting of the Commission with members of the Inter-agency Consultative Committee on Election Security in February, INEC Chairman Prof. Mahmood Yakubu explained that the commission has 16 outstanding by elections to conduct.
The Nation quotes Rotimi Oyekanmi, spokesman to the INEC boss as saying that the Commission must get the required resources to conduct the elections, adding that the electoral body would issue a timetable when it is ready to conduct the by elections.
The laws of the land, including the 1999 Constitution and the Electoral Act provide that all constituencies be represented in Parliament, the Electoral Act 2022 did not make any specific provision on the conduct of such by elections.
No single section of the law deals with by-elections explicitly. However, according to the Electoral Act 2022, by-elections are typically held to fill vacant seats in the National Assembly or State Houses of Assembly.
The Electoral Act 2022 provides guidelines for the conduct of by-elections, including the process for nominating candidates, the timeline for the election, and the procedures for voting and counting.
In a motion on the delay in conducting by elections adopted on the February 19 by the House of Representatives, Jafaru Leko (APC, Bauchi), said INEC, which was established pursuant to Section 153(f) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the sole body vested with the responsibility of conducting elections for the federal States, Federal Capital Territory (FCT) and the Area Councils of the FCT.
According to the Bauchi lawmaker, 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.
He said: “Since 2023 general and subsequent elections, there have been instances of resignations, deaths, appointments, or appointments of former members of both the National and State Assemblies to executive positions.
“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.
“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.
“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 and deprives the electorates of their right to adequate representation.
“The delay in conducting the by-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.”
He warned that electoral body’s “inaction sets a dangerous precedent, where compliance with the Constitution and electoral laws becomes optional rather than mandatory.”