A human rights lawyer, Femi Falana (SAN), has requested that the Independent National Electoral Commission (INEC) cease holding by-elections.
Falana claims that by-elections result in the unneeded and inefficient expenditure of money.
He hinted in a statement released on Sunday that a by-election should not be called when elected candidates are replaced due to retirement or death because the votes cast during elections belong to the political parties.
“The political parties that supported the candidates who passed away or resigned should be instructed to nominate another candidate to fill the vacancy,” he stated.
Therefore, the Electoral Act should be amended by the National Assembly to permit political parties to take the place of elected public officials who are removed from office due to resignation, death, or impeachment.
Falana stated, citing earlier rulings on the subject, that “political parties, not candidates, win elections under Section 221 of the Nigerian Constitution.
“The Supreme Court ruled in the matter of Amaechi vs. INEC & Ors. (2 008) LCN/3642 (SC) that “it effectively eliminates the possibility of independent candidature in our elections and places emphasis and responsibility in elections on political parties.
“The absence of a political party prevents a candidate from running. It is the political parties that the electorates do vote for at election time,” Pius Olayiwola Aderemi JSC (of blessed memory) emphasised in his submission to the ruling.
“In P.D.P. v. I.N.E.C. (1999) 7SC (PT II) 30, Mr. Boni Haruna was permitted to serve as the governor of Adamawa State after the elected governor, Mr. Atiku Abubakar, who had been the Peoples Democratic Party’s vice presidential candidate, resigned.
“For some reason, the INEC altered the law when it chose to hold a second election following the passing of Mr Audu Abubakar, who had been elected governor of Kogi State.”
