The House of Representatives has resolved to investigate the Independent National Electoral Commission (INEC) over delays in conducting bye-elections for vacant legislative seats at both the state and national levels, as mandated by the Electoral Act.
The House directed its Committee on Electoral Matters to summon INEC leadership for a detailed explanation of the reasons behind the delay and the measures being taken to address the situation.
This decision followed a motion by Jafaru Leko (APC, Bauchi), who emphasized the need for INEC to fulfill its constitutional duty.
Leading the debate, Leko noted that INEC, established under Section 153(f) of the 1999 Constitution (as amended), is solely responsible for conducting elections at the federal, state, and local levels, including Area Councils in the Federal Capital Territory.
According to him, sections 47 and 90 of the Constitution, (as amended), outline 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 the 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 Independent National Electoral Commission (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 constitutes a violation of the constitutional principles of representation and deprives the electorates of their right to adequate representation.
“The delay in conducting the bye-elections for the vacant seats is a contravention of the constitutional provision, a breach of the due process, and denial of the affected constituencies’ proper 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.”
He said this Electoral inaction sets a dangerous precedent, where compliance with the Constitution and electoral laws become optional rather than mandatory.
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