The appointment of Femi Gbajabiamila, Speaker of the House of Representatives, as Chief of Staff to President Bola Tinubu has inevitably left a vacant seat in the House of Representatives.
Gbajabiamila’s appointment was announced on Friday alongside that of Senator George Akume, who was named Secretary to the Government of the Federation.
With the development, there will be the need for the Independent National Electoral Commission (INEC) to conduct a fresh election into the Surulere I Federal Constituency seat which becomes vacant as the Speaker takes up the job of CoS to the president.
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According to constitutional provisions, a by-election must be conducted by the Independent National Electoral Commission (INEC) to fill the vacant seat. This will provide an opportunity for the constituents of Surulere I Federal Constituency to choose a new representative to serve their interests in the House.
But while the 1999 Constitution mandates a bye-election to be conducted after such vacancy occurs, the Electoral Act 2022 is silent on what INEC should when an elected lawmaker dies or resigns.
Section 76 of the Constitution instructs that, “(1) Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.
“(2) 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 to fill a vacancy occurring more than three months before such date; not later than one month after the vacancy occurred.
Section 77 states, “(1) Subject to the provisions of this Constitution, every Senatorial district or Federal constituency established in accordance with the provisions of this Part of this Chapter shall return a member who shall be directly elected to the Senate or the House of Representatives in such manner as may be prescribed by an act of the National Assembly.”
A House of Representatives member had sponsored a bill in 2021 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 in office (or resigns).
The bill is yet to be assented to.