Human rights lawyer, Femi Falana, SAN, has called on the Independent National Electoral Commission (INEC) to cease conducting by-elections, arguing that they lead to unnecessary and wasteful spending.
In a statement issued on Sunday, Falana emphasized that since electoral votes belong to political parties, the replacement of elected officials due to death or resignation should not necessitate a by-election.
He suggested that political parties, rather than INEC, should be responsible for filling such vacancies by nominating new candidates.
Falana proposed that the National Assembly amend the Electoral Act to allow political parties to replace elected officials who lose their positions through death, resignation, or impeachment.
The lawyer referenced legal precedents to support his argument, quoting Section 221 of the Nigerian Constitution, which he said affirms that elections are won by political parties, not individual candidates.
He also cited the 2008 Supreme Court case Amaechi vs. INEC & Ors, where the court ruled that elections are fundamentally about political parties, not independent candidates.
Furthermore, Falana pointed out a previous instance in which Mr. Boni Haruna became the governor of Adamawa State following the resignation of Atiku Abubakar, a decision that did not require a by-election.
He criticized INEC’s handling of the death of Kogi State’s Governor Audu Abubakar, noting that the electoral commission’s decision to conduct an additional election following Abubakar’s death deviated from the law.
