Gbajabiamila: Has INEC Violated Constitution By Delaying Surulere 1 Bye-Election?

Surulere is one of the most densely populated areas in Lagos State. According to a document by the state government titled “Abstract of Local Government Statistics, 2016”, published by the Lagos Bureau of Statistics, the projected population of Surulere LGA in 2016 was 1,746,183 with a projected population density of 64,554.

Despite this huge population, about half of this number does not have a representative in the green chamber of the National Assembly following the resignation of the former Speaker of the House of Representatives, Femi Gbajabiamila.

Gbajabiamila, who represented Surulere 1 Federal Constituency in the lower house of the National Assembly, tendered his resignation letter on the floor of the House on June 14, to resume work as the Chief of Staff to President Bola Tinubu.

In less than two weeks, it would be five months since the former lawmaker resigned from the House, but the Independent National Electoral Commission (INEC), which is saddled with the constitutional responsibility to conduct a bye-election to replace him, has not done that, thereby depriving the people of the constituency the right to representation as guaranteed in Nigeria’s 1999 constitution (as amended).

Section 68 (1) of the constitution lists eight grounds upon which a member of the Senate or the House of Representatives “shall vacate his seat in the House of which he is a member.”

Specifically, Section 68 (1) (d) states: “he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser,” which Gbajabiamila has fulfilled.

Section 76 (1) and (2) state: “Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

“The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House stands dissolved, or where the election is to fill a vacancy occurring more than three months before such date not later than one month after the vacancy occurred.”

What is the interpretation of Section 76 (2)? Does it mean INEC should have conducted the bye-election within one month after the vacancy occurred?

Lawyers Speak

A lawyer, Marshal Abubakar, said by virtue of Section 76 (2) of the 1999 Constitution (as amended), INEC is supposed to conduct the bye-election within one month after the seat became vacant.

“Section 68 [1] of the 1999 Constitution as amended provides that a member of the Senate or House of Representatives shall vacate his seat if he becomes a member of another legislative House or he becomes president vice president Governor Deputy Governor commissioner of a state or special adviser or a member of a commission etc,” Abubakar told THE WHISTLER.

“Section 76 (1) of the Constitution provides that election to each House of the National Assembly shall be held on a date to be appointed by INEC in accordance with the Electoral Act.

“However, section 76 (2) provides that the period shall not be earlier than one hundred and fifty days and not later than thirty days before or where the election is to fill a vacancy occurring more than ninety days before such date and not later than thirty days after the vacancy occurred. In the case of Mr Gbajabiamila he resigned from his membership of the National Assembly on June 14, 2023. A bye-election to elect his replacement for Surulere 1 Federal Constituency in the House of Representatives ought to have been conducted not later than 30 days after the vacancy occurred by virtue of Section 76 subsection 2 of the 1999 Constitution as amended,” he added.

Also speaking with THE WHISTLER, a human rights lawyer, Inibehe Effiong, noted that the people of the constituency have the right to be represented.

According to him, the delay by INEC in conducting a by-election to replace Gbajabiamila is an infringement on the right of the people of the constituency.

“Every constituency is entitled to representation. So where a member of parliament dies or ceases to hold office for one reason or the other, the responsibility beckons or falls squarely on INEC to ensure that a bye-election is held to allow for a replacement of that person,” Effiong said.

“I think INEC has that obligation, but of course, that would have to follow through the normal electioneering process in terms of nomination of candidates and so on and so forth.”

“What INEC has done by delaying the conduct of the bye-election is also a violation of the rights of the constituents and the voters in that district,” he explained.

Another lawyer, Afamefuna Eze, stated that INEC does not need to waste much time in carrying out such statutory responsibility.

Political Parties Anxious

Two political parties have shown lots of interest in the bye-election. They are the ruling All Progressives Congress (APC) and the Labour Party (LP).

LP had declared Friday July 21 as the deadline for the sale of forms to members aspiring to fly the party’s flag in the yet-to-be-scheduled bye-election.

The LP State Publicity Secretary, Olubunmi Odesanya, had disclosed this to THE WHISTLER.

Although INEC did not officially announce the date for the election, Odesanya told THE WHISTLER then that the election had been fixed to be held on August 19, 2023.

However, August came and gone but the election did not hold.

Also, APC has been engaging in lots of internal party activities in preparation for the yet-to-be-scheduled election.

At least three members of the party are said to have indicated their interest in picking the party’s ticket for the bye-election.

A source who is familiar with the underground politicking going on in the constituency had told THE WHISTLER in June that there were about three aspirants already.

“There’re about three people contesting, including a woman,” the source had told THE WHISTLER.

THE WHISTLER had gathered that a former acting Chairman of Surulere Local Government, Agboola Dabiri; and a two-term ex-member of the state House of Assembly, Kabir Lawal were in the race for the APC ticket.

But it appears that Faud Laguda who is said to be the current Chairman of APC in Surulere LGA will be the one to fly the party’s flag.

According to reports, Laguda who recently visited the president is the only one who has purchased APC form for the bye-election.

Speaking with THE WHISTLER on the delay by INEC in conducting the bye-election, the State Secretary of LP, Sam Emeka Okpala, said the party is yet to hear from INEC with regards to the date for the election.

“No, not yet,” he said when asked if LP has been given a date for the election by INEC.

“It’s not only we that are affected. In fact, from the last press conference INEC themselves addressed few days ago, they’re going to be having these bye-election in 11 federal constituencies across the nation. And they were waiting for the conclusion of the tribunal and Appeal and Supreme Courts matters, so that where there’s need to have bye-election or re-run or whatever, they will now organised all of them at the same time.

“I think that’s what’s holding them. Now that the tribunal matters are gradually getting concluded, I think any moment from now, they’ll issue their timetable,” Okpala said.

Our correspondent also reached out to the Publicity Secretary of APC Lagos, Seye Oladejo, but his number was not available.

INEC Reacts

When contacted to find out if a date has been fixed for the conduct of the election, Adenike Tadese, INEC’s Head of Voter Education and Publicity in Lagos said a date has not been fixed.

“Not at all,” she said in a terse text message but did not give further details while the election is being delayed by the electoral body.

However, the National Commissioner and Chairman of the Information and Voter Education Committee of INEC, Sam Olumekun, said bye-elections where vacancies exist would be conducted after the off-cycle governorship elections in Bayelsa, Imo and Kogi States.

But he did not give a specific date when the bye-elections would be conducted.

“We would be doing the Bye-elections where vacancies have been declared after the forthcoming off-cycle governorship election,” he told THE WHISTLER.