Human rights lawyer and activist, Femi Falana, SAN, has made a compelling case for the stoppage of the conduct of bye-election by the Independent National Electoral Commission, INEC.
Falana averred that these by-elections result in unnecessary and wasteful spending of scarce funds.
The SAN’s argument against conduct of bye-election is rooted in the notion that votes recorded during elections belong to political parties, and not than individual candidates contesting on the parties’ platforms.
Therefore, he argued, when an elected candidate dies or resigns, the political party that sponsored such candidate should simply nominate another candidate to fill the vacancy.
Falana cited Section 221 of the 1999. Constitution, as amended, to support his claim.
Section 221 of the Nigerian Constitution states that elections are won by political parties, not candidates.
This provision was reinforced by the Supreme Court in the case of Amaechi vs. INEC & Ors (2008) LCN/3642 (SC), which emphasized the importance of political parties in the electoral process.
Falana also drew attention to the case of P D.P. v. I.N.E.C. (1999)7SC (PT II) 30, where Mr. Boni Haruna was allowed to assume the governorship of Adamawa State after the resignation of the elected governor, Mr. Atiku Abubakar.
He argued further that this precedent demonstrates that bye-elections are not always necessary to fill vacancies.
The human rights lawyer urged the National Assembly to amend the Electoral Act to allow political parties to replace elected officers without resorting to bye-elections, a development he believes would not only reduce unnecessary expenses, but also align with the provisions of the Nigerian Constitution.
He said, “By abandoning bye-elections, INEC can conserve resources and focus on more pressing aspects of the electoral process.”
He pointed out that the current system of conducting bye-elections is not only wasteful, but also inconsistent with the principles of the Nigerian Constitution.
