Reps may end bye-election for vacant NASS, state assembly seats

The House of Representatives is working on a bill seeking to amend the 1999 Constitution to allow a political party to nominate the successor of a member of the National Assembly or State House of Assembly who dies.

Instead of the Independent National Electoral Commission conducting a bye-election to fill the vacant legislative seat, the party to which the former occupant belonged would be allowed to nominate the replacement.

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

Nigeria has, however, recorded several cases of another party winning such bye-elections.

Kwewum’s bill is particularly seeking to amend Section 68(1) of the Constitution, saying 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).”

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The lawmaker 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.”

He added, “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.”

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