Why INEC is yet to conduct by-elections into 7 seats at N/Assembly

Several months after the demise of some federal lawmakers in active service, and the resignation of two legislators, the Independent National Electoral Commission (INEC) is yet to conduct by-elections to fill the vacuum created.

Some persons of the affected constituencies have cried out, citing failure of the commission to guarantee them adequate representation and sense of belonging.

However, INEC has said that it is being hampered by funds. Speaking to Daily Trust yesterday, the commission said it would act on the issue when funds are made available.

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Daily Trust reports that there are seven vacant seats at the National Assembly. A break down showed that there are two vacant seats at the Senate and five at the House of Representatives.

Also, while five vacancies have been created sequel to the death of five lawmakers in both chambers, two vacancies are occasioned by the electoral victories of two lawmakers.

In the Senate, two seats are vacant. This followed the death of Senator Ifeanyi Uba (APC, Anambra South) and the election of Senator Monday Okpebholo (APC, Edo Central) as governor of Edo State.

Uba died in London in September 2024, while Okpebholo was elected governor on September 21, 2024.

Senate President Godswill Akpabio, has since declared their seats vacant.

The members

The member representing Garki/Babura Federal Constituency of Jigawa State, Rep. Isa Dogonyaro died in May, 2024.

Similarly, Rep. Olaide Akinremi, representing Ibadan North Federal Constituency of Oyo State and  Rep. Ekene Adams, representing Chikun/Kajuru Federal Constituency of Kaduna State, also died on separate dates in July, 2024.

In September 2024, Senator Ifeanyi Uba (APC, Anambra South), lost his life in London. His seat was later declared vacant by the Senate President Godswill Akpabio.

In January, 2025, the House also lost its Deputy Chief Whip, Rep. Adewunmi Onanuga, who represented Ikenne/Sagamu/Remo North Federal Constituency of Ogun State.

Sequel to the deaths of members, the House held a valedictory session to appreciate their contributions to nation-building and other sacrifices they made before their departure.

The valedictory session which was held at the Chambers with tributes and reflections from House  members was led by the Speaker, Tajudeen Abbas.

Apart from those who died in active service, two other lawmakers – one from the Senate and another from the House of Representatives – won elections and left the National Assembly for new roles at the state level.

Senator Monday Okpebholo (APC, Edo Central) had contested and won the September 21 governorship election in his home state of Edo to clinch the number one citizen in the state.

After assuming office, he returned to the National Assembly to bid senators, his former colleagues farewell in December 2024.

Senate President Godswill Akpabio, used the occasion to declare his seat at the Senate vacant. The declaration aligns with Section 68(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which mandates that a lawmaker’s seat becomes vacant upon assumption of another public office.

Similarly, the seat of Dennis Idahosa became vacant when he was elected alongside Governor Okpebholo as deputy governor of Edo State.

Idahosa, represented Ovia Federal Constituency of Edo State in the House before he got elected as deputy governor.  His seat has remained vacant since then.

We feel forgotten, neglected  – Constituents

Reacting, residents of Chikun/Kajuru Federal Constituency in Kaduna State expressed frustration over the delay in filling the vacuum created by the demise of  Ekene Adams, saying, they have been shut out of legislative representation at the federal level for a whole year.

Benjamin Yuhana Maigari, a community leader in Kajuru, described the delay as a betrayal of democratic principles, saying, “By-election delay has left us feeling extremely bad and disfranchised because we don’t have a representative.

“As a community, we are not happy with the government. We expected the election to be conducted within three to four months, but it has been over a year now.

“Since his death, nothing has come from the federal legislature—no resources, no impact. We feel forgotten, neglected, and unrepresented.”

Another constituent, Haruna Ibrahim Nasarawa from Chikun Local Government Area, echoed similar concerns, describing the delay as a violation of citizens’ rights.

“It’s our right to have a representative in the House of Representatives through a by-election. We are aware that if a lawmaker dies, a by-election is supposed to be held within 90 days. But in our case, it’s been over a year since Ekene Adams passed away, and still no election,” Nasarawa said.

Similarly, constituents from Edo Central Senatorial District and Ovia North East /Ovia South West Federal Constituency have decried the failure of the electoral body to conduct by-elections into the vacancies created by Senator Monday Okpebholo (now Edo governor) and Dennis Idahosa (now Edo deputy governor).

Speaking with Daily Trust on the development, Aslem Ojezua, who hails from Edo Central, described the trend as worrisome, saying the constitution and electoral act make provisions for time frame to conduct by-election into a vacant seat.

Ojezua, a member of the APC said it is incumbent on the National Assembly to make provisions for INEC to meet the timeframe for conduct of by-elections.

He said the implication of not conducting the election is that the district is not being represented at the National Assembly, and advised the commission to conduct the poll without further delay.

Similarly, Victor Edoro, a former member of the Edo State House of Assembly and  a constituent in the district said he wrote a personal letter to the INEC Chairman, Prof Mahmood Yakubu, intimating him of the injustice INEC is doing to the district, but nothing has been done since then.

“Edo Central is not being represented today.  Where does the salary and the money for constituency projects for the district go to?”he queried.

“We have been deprived of representative dividend and the Esan people are not happy because as we speak, we don’t have a voice in Nigeria” he added.

On his part, Peter Agwele, said, “most of us are seeing this as a deliberate way of alienating us as a people. It is unfair”.

Also, a constituent from Ovia Federal Constituency, Friday Aghedo said INEC has no reason not to conduct  the by-elections into the affected federal constituencies and senatorial districts.

Aghedo, who is the spokesperson to the Edo State deputy governor, Denise Idahosa, said, “We have lost voice  at the House of Representative since Idahosa was elected the deputy governor.”

Also speaking, another constituents from Ovia Constituency, Dr. Jerry Osamede,  said, “It is 150 days now without quality representation of Ovia Federal Constituency. We are no longer getting the democratic dividend from the federal government.”

Meanwhile, the PDP in the state has described the development as a bad omen for the nation’s democracy. Speaking with Daily Trust, the PDP Secretary, Hilary Otsu said, “It is regrettable because the governor was sworn-in eight months ago, yet the INEC couldn’t do the needful.”

Also, the acting chairman of the APC in the state, Jarret Tenabe, said the development is “against the spirit and letters of our constitution and democratic norms.”

Funding, a big challenge  –Electoral body

But reacting, INEC cited lack of funds as reason for the delay in conducting the by-elections.

Mr Rotimi Oyekanmi, the Chief Press Secretary to INEC Chairman, Prof Mahmood Yakubu, however, told Daily Trust that the commission was confident that the issue of funding would soon be resolved and the by-elections will be conducted.

“INEC will conduct all outstanding by-elections in due course. We have been hampered by lack of funds. But we are confident that all funding issues will soon be resolved,” Oyekanmi said.

However, sources within INEC told one of our reporters that apart from the issue of funding, the commission was concerned about the security challenges in some of the affected constituencies and the safety of its personnel who would conduct the by-elections.

No excuse is tenable – Okorie

An elder statesman and politician, Chief Chekwas Okorie, urged INEC to conduct the by-elections and stop giving excuses.

Okorie, a former presidential candidate and founder of the defunct United Progressives Party (UPP) in a telephone interview with Daily Trust said, “INEC is giving excuses that funds are not available to conduct those elections.

“But this shouldn’t make INEC to renege on their statutory responsibility. That is not enough reason to violate the provisions of the law. The National Assembly should have called INEC to order because there are seats that are vacant in that Assembly and the constituents are not being represented.

“In other words, the constituents have been shut out by the behaviour of INEC, and there are several implications for what INEC is doing”, he said.

CSO, analysts speak

Speaking on the matter, the Executive Director of the Yiaga Africa, Mr Samson Itodo, said the delay in conducting by-elections into vacant seats is a matter of significant concern, especially in a democracy where citizens’ right to representation is paramount.

He said while it is easy to direct blame at the INEC, it is important to consider the broader context within which the process unfolds.

“Under Sections 76(2), 116(2), and 178(2) of the 1999 Constitution (as amended), INEC is mandated to conduct by-elections once a formal declaration of vacancy is made by the presiding officer of the legislative house whether that is the Senate President, Speaker of the House of Representatives, or the relevant State Assembly Speaker.

“If these presiding officers fail to declare the seat vacant, INEC is unable to proceed.

“In addition to this procedural bottleneck, another critical factor contributing to the delay is lack of funding. By-elections can be costly and require significant financial resources, including logistics, security, and personnel. In instances where there is insufficient funding, INEC’s capacity to organise these elections promptly is severely constrained.

“This situation highlights the need for both legal reforms and greater financial support for INEC. There should be clear guidelines and penalties for the timely declaration of vacancies by presiding officers, as well as consistent funding to ensure that the electoral body can efficiently carry out its mandate,” Itodo said.

Also, a professor of political science, Chris Kwaja, expressed worry over the development and called for a review of the laws to make things right.

He said some of the issues including those of conducting by-elections have been politicised, thus, paving the way for delays and controversies.

“We currently run a democracy that is liberal in theory and not in practice. The law must be reviewed in such a way that the power to declare seats vacant, in the case of defections, does not come from the presiding officers of the National Assembly,” he added.

Another political analyst, Jackson Lekan Ojo, condemned the delay in the conduct of the by-elections, saying denying the people quality representatiion is a bad omen for democracy.

“I wonder what has become of INEC. They are failing in their responsibilities. This is wrong,” he said.

He called on the electoral body to reconcile the issue of funding with the appropriate authorities in government to give hope to the people.

By Saawua Terzungwe, Itodo Daniel Sule, Balarabe Alkassim, Abbas Jimoh (Abuja), Mohammed Ibrahim Yaba (Kaduna) & Usman A. Bello, (Benin)