Reps may stop bye-election for vacant NASS, State Assembly positions

The House of Representatives is working on a bill that seeks to amend the 1999 Constitution to permit a political party to name the successor of a member of the National Assembly or State House of Assembly who dies.

Rather than the Independent National Electoral Commission (INEC) conducting a bye-election to fill the vacant legislative position, the party to which the previous occupant belonged would be permitted to appoint the replacement.

The bill, which was sponsored by a member of the Peoples Democratic Party (PDP) from Taraba State, Rimamnde Kwewum, is awaiting second reading by the House.

However, Nigeria has recorded a few instances of another party winning such bye-elections.

Kwewum’s bill is mainly seeks to amend Section 68(1) of the Constitution, stating it would allow INEC to “accept nominations by political parties rather than conduct bye-elections in order to replace or fill vacancies caused by the death of a member of the Senate or of the House of representatives, or of a member of state House of Assembly under the corresponding Section 109(1).”

He said, “The underlying idea here is borne out of the fact that under the current practice, where and whenever a vacancy occurs as a result of the death of a member of the Senate or of the House of Representatives as well as for a member of the House of Assembly of a state, INEC would normally conduct a bye-election to fill such vacancy.

“Under this amendment, political parties are permitted to first make fresh nominations to INEC to replace such vacancies before going ahead to conduct a bye-election. It is only when political parties are unable to utilise their internal party mechanism and make nominations to INEC that INEC is expected to conduct a bye-election as contemplated under Section 68(1) CFRN, 1999.

“In the USA and in the other climes, governors appoint persons to replace Congress members who die or resign from office in 36 states; in 14 other states, elections are held. However, in 10 of those states, the Governor appoints an interim member to act in that position till election is held.

“In Nigeria, no one can contest elections outside the sponsorship of a political party. In the case of death, the party which sponsored the member should be allowed to replace their members. This will strengthen the party system and stabilise the legislature as well reduce the cost of democracy.”