Human rights lawyer, Femi Falana, SAN, has called on the Independent National Electoral Commission (INEC) to discontinue the practice of conducting by-elections, citing the financial burden they impose.
In a statement made available to Sunday PUNCH, Falana argued that since election results belong to political parties, there is no need for by-elections to replace candidates who die or resign.
Instead, he proposed that political parties should be allowed to fill such vacancies through internal nominations.
He stated, “Political parties that sponsored candidates who die or resign should be permitted to fill the vacancy by nominating another candidate.”
Falana also urged the National Assembly to amend the Electoral Act to formalize this process.
Backing his argument with legal precedents, Falana referenced Section 221 of the Nigerian Constitution, which emphasizes that elections are won by political parties rather than individual candidates.
He highlighted the Supreme Court’s ruling in Amaechi vs. INEC & Ors (2008), where the court held that political parties are the primary actors in elections. Justice Pius Aderemi (late) reinforced this by stating, “It is the political parties that the electorate vote for during elections.”
Falana also cited PDP v. INEC (1999), where Boni Haruna became the governor of Adamawa State after Atiku Abubakar, the elected governor, resigned to become Vice President.
However, he criticized INEC’s decision to conduct a supplementary election in Kogi State following the death of Abubakar Audu, who had emerged as governor, describing it as a deviation from established legal principles.
Falana emphasized the need to align electoral practices with constitutional provisions to reduce unnecessary expenses and streamline governance.
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