Reps to investigate INEC over delay in conducting bye-elections 

Leah TwakiFebruary 19, 20255 min

INEC’s Chairman Prof. Mahmood Yakubu has been summoned  by the House to explain delays in conducting bye-elections 

INEC Chairman, Prof. Mahmood Yakubu

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 stipulated in the Electoral Act.

The House directed its committee on electoral matters to summon INEC’s leadership to provide a detailed explanation of the reasons behind the delays and the measures being implemented to address the issue.

Vacant Seats in National Assembly 

The House of Representatives currently have five vacant seats in Edo, Oyo, Kaduna, Jigawa and Ogun states, while two senate seats are vacant in Edo and Anambra states.

The vacant seats were those occupied by Edo State Governor, Monday Okpebholo and his deputy, Denis Idahosa. Both were members of the National Assembly representing Edo central senatorial district and Ovia federal constituency in the senate and house of representatives, respectively.

Other seats were left vacant by the deaths of Isa Dogonyaro (Garki/Babura federal constituency of Jigawa state), Ekene Adams (Chicken/Kahuku federal constituency of Kaduna State), Olaide Akinremi (Ibadan north federal constituency), Adewumi Onanuga (Ikenne/Sagamu/Remo north federal constituency) and Senator Ifeanyi Ubah (Anambra south senatorial district).

This resolution followed a motion moved by Rep. Jafaru Leko (APC, Bauchi), who emphasized the need for INEC to fulfill its constitutional obligation to ensure timely representation for affected constituencies.

Leading the debate, Rep. Leko noted that INEC, established under section 153(f) of the 1999 constitution (as amended), is mandated to conduct elections at the federal, state, and local government levels, including in area councils within the Federal Capital Territory (FCT).

He explained that sections 47 and 90 of the constitution provide for the establishment of the national assembly and state houses of assembly, ensuring that citizens have the right to be represented in federal and state legislatures.

Leko stressed the urgency of the matter, saying: “Since the 2023 general and subsequent elections, there have been instances of resignations, deaths, 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 in 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. 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.”

Leko expressed deep concern over the implications of INEC’s delays, describing them as a violation of constitutional provisions and due process. He further highlighted the impact on legislative activities, saying:

The delay in conducting the bye-elections for the vacant seats is a contravention of the constitutional provision, a breach of due process, and a 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.”

Leko warned that INEC’s inaction sets a dangerous precedent, stating:

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

ALSO READ: INEC rejects N40 billion allocation, proposes N126 billion for 2025

Parliament Reports also recalls that during the 2025 budget defence, Prof. Mahamood Yakubu, the chairman of INEC, lamented that the N40 billion allocated to the commission was grossly inadequate.  He noted that it was one of the reasons why the commission has not been able to carry out bye-eletions for vacant seats.

However, in the recently approved N54.99 trillion 2025 budget by the National Assembly, INEC’s budget has been increased to N140 billion.

STAR Check: Nigerians, particularly, constituents of Bogoro/Dass/Tafawa Balewa federal constituency of Bauchi State, can keep tabs on the legislative performance of Rep. Leko throughout the 10th House here.

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Leah Twaki

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