Prominent human rights lawyer, Femi Falana, SAN, has urged the Independent National Electoral Commission (INEC) to discontinue the practice of conducting by-elections, citing unnecessary financial burdens.
In a statement obtained by Sunday PUNCH, Falana argued that electoral victories belong to political parties rather than individual candidates. As such, vacancies caused by death, resignation, or impeachment should be filled by the affected political parties nominating replacements, rather than organizing fresh elections.
“The political parties that sponsored the candidates who die or resign should simply fill the vacancy by nominating another candidate,” Falana stated. He further called on the National Assembly to amend the Electoral Act to reflect this recommendation.
Citing Legal Precedents
Falana referenced Section 221 of the Nigerian Constitution, which emphasizes that elections are contested and won by political parties. He highlighted key judicial rulings to support his stance:
-
In Amaechi vs. INEC & Ors (2008), the Supreme Court ruled that electoral victories are attributed to political parties, as candidates cannot contest independently. Justice Pius Olayiwola Aderemi, in his contribution, stated, “It is the political parties that the electorates vote for during elections.”
-
In PDP vs. INEC (1999), Boni Haruna became Governor of Adamawa State without a by-election following the resignation of Atiku Abubakar, who was nominated as Vice President by the Peoples Democratic Party (PDP).
However, Falana criticized INEC for altering this precedent by conducting an additional election in Kogi State after the death of gubernatorial candidate Abubakar Audu.
Call for Reform
Falana urged lawmakers to address this issue, emphasizing the financial and logistical strain associated with by-elections. “The National Assembly must amend the Electoral Act to empower political parties to replace elected officers who lose their positions due to death, resignation, or impeachment,” he asserted.
This proposal, if implemented, could streamline Nigeria's electoral process, reduce costs, and align practices with constitutional provisions and legal precedents.