It is better we discontinue holding by-elections as what would happen to the people of Karim 1 constituency of Taraba state if Hon. Dr. Dio Jen resignes would not be an isolated case. Member for Sabon Garin Zaria constituency in the Kaduna state House of Assembly had since resigned after taking an appointment in Abuja. His seat is also vacant for more than a year now.
As for death, Ganye constituency in Adamawa state is feeling the heat just as Chikun/kajuru Federal Constituency of Kaduna state whose member died over ago and the seat is vacant.
There are many constituencies today that are unrepresented in Nigeria owing to death or resignation of their representatives.
However according to Prof. Mahmud the INEC chairman, apart from death or resignation, situations have arisen in the past where a by-election in one senatorial district was won by a serving member of the House of Representatives from the same District, thereby creating another vacancy. In turn, a member of the State Assembly won the by-election to the House of Representatives, thereby creating a vacancy in the State Assembly. Consequently, one by-election led to three bye-elections.
The unfortunate effect of lack of holding by-elections are many. Money in form of salaries/allowances as well as funds meant for constituency projects do not go to the constituencies that lost their representatives and which is through no fault of their’s. Most importantly, their voices are not heard in the National or the state Assemblies.
By-elections have not been held in this country since February, 2024 and representatives continue to die leaving constituencies unrepresented for a long time contrary to the provisions of S.24 of the constitution which demands that people be governed in this country only if their mandate is freely obtained through participation in periodic elections.
But INEC cannot conduct by-election now because election is expensive and the electoral umpire is broke. This is a huge challenge and a burden on our fledgling democracy. It is for this that Prof. Mahmud Yakubu called on political parties early this year to demand from the National Assembly that they amend the Electoral Act to correct this anomaly. To my knowledge the National Assembly has not done this till today.
However Femi Falana has suggested, to which I wholeheartedly agree, that if an elected representative dies or resigns from office, no by-election should be held to replace him. His political party should be allowed to send the name of his replacement from the constituency period. As Falana rightly said, after all, it is the party that wins election not the member or senator that died.
On my part, I add that the party concern should conduct primaries to determine who to send as the replacement.
This way that Femi Falana suggested would save the country from spending money on by-elections while my suggestion would give members of the party in the constituency that lost their member, a chance to renew their mandate. Otherwise it may be argued that mandate given to a deceased person should be buried with him.
- Dasin is a former member of the House of Representatives from Adamawa State
