Ibadan – Human rights lawyer and activist Femi Falana (SAN) has made a compelling case for the Independent National Electoral Commission (INEC) to cease conducting by-elections in Nigeria. According to Falana, these by-elections result in unnecessary and wasteful spending of funds.
Falana’s argument is rooted in the notion that votes recorded during elections belong to political parties, rather than individual candidates. Therefore, when an elected candidate dies or resigns, the political party that sponsored them should simply nominate another candidate to fill the vacancy.
To support his claim, Falana cited Section 221 of the Nigerian Constitution, which 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. This precedent, Falana argued, demonstrates that by-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 by-elections. This, he believes, would not only reduce unnecessary expenses but also align with the provisions of the Nigerian Constitution.
By abandoning by-elections, INEC can conserve resources and focus on more pressing aspects of the electoral process. As Falana aptly pointed out, the current system of conducting by-elections is not only wasteful but also inconsistent with the principles of the Nigerian Constitution.
