House summons INEC over delay in conducting by-elections

THE Independent National Electoral Commission, INEC, has fixed February 21, 2026, for election into the six area councils of the Federal Capital Territory in Abuja

• Jonathan faults military deployment for polls, advocates police-led security

The House of Representatives has directed its Committee on Electoral Matters to summon the Independent National Electoral Commission (INEC) over delays in conducting by-elections for vacant legislative seats across the country.  
 
Meanwhile, former President Goodluck Jonathan has faulted the deployment of military personnel for election duties and demanded an end to it in Nigeria, saying it overstretches the military.
 
The commission is to explain the reasons behind the delay and the measures taken to address the situation. Adopting a motion by Jafaru Leko (APC, Bauchi), the Green Chamber said the delay in conducting by-elections sets a dangerous precedent, where compliance with the Constitution and electoral laws become optional rather than mandatory. 
 
Leko, who led the debate noted that INEC, established under Section 153(f) of the 1999 Constitution (as amended), is solely responsible for conducting elections at the federal, state and local levels, including area councils in the Federal Capital Territory (FCT).
 
According to him, Sections 47 and 90 of the Constitution, outline the establishment of the National Assembly and the Houses of Assembly, ensuring the right of citizens to be represented in the federal and state legislative bodies.
 
He said: “Since the 2023 general and subsequent elections, there have been instances of resignations, deaths, appointments or appointments of former members of both the national and state assemblies to executive positions.
 
“Section 68 of the Constitution provides for the cessation and vacation of seats of the National Assembly, whereas Section 76(2) stresses the need for a by-election to be conducted not later than one month after the vacancy occurs.”
 
Upon declaration of these seats vacant, the lawmaker noted, INEC is obligated, under the provisions of Section 76(2), to conduct by-elections to fill the vacant positions and ensure proper representation of the affected constituencies.
 
He added: “Nigeria practices a constitutional democracy that the continued vacancy of these seats, without the holding of timely by-elections results in the disenfranchisement of the affected citizens, which constitutes a violation of the constitutional principles of representation and deprives the electorates of their right to adequate representation.”

“The delay in conducting the by-elections for the vacant seats is a contravention of the constitutional provision, a breach of the due process, and denial of the affected constituencies’ proper representation. This electoral inaction from INEC violates the principles of democracy and representative governance; leaving citizens unrepresented, and obstructs legislative activities, as committees and plenary sessions lack full participation from duly elected members.”

JONATHAN, at the public presentation of a book by former Inspector-General of Police (IGP), Solomon Arase, in Abuja, yesterday, stated that elections should be primarily managed by the police and INEC.
 
According to him, in most countries, the Air Force and Army are used to transport election materials to dangerous areas, and not providing security at polling units as done in the country.
 
He said: “Having been the President of this country before, when you talk about internal security, it is an area that touches my heart, especially when you talk about election security. One gets worried when it comes to Nigerian elections.
 
“Here we overstretch the Army. In most other countries, the military doesn’t get involved in the day-to-day management of elections. Some countries use them to manage strategic systems, such as transporting election materials to dangerous areas. But manning polling booths and staying around polling stations, military personnel are never used.”
  
Presidential candidate of the Labour Party (LP) in 2023, Peter Obi, who was at the event, noted that “the integrity of elections is determined by the leadership of the electoral body.”
 
Free and fair elections, he added, are possible when the right people oversee the process.   Reflecting on his experience during Jonathan’s administration, Obi shared how he ensured an impartial electoral process in his state.  
 
“I can’t comment on election policing, but I will say it depends on who is in charge at the time. I have experienced a free and fair election. During my second tenure as governor under President Jonathan, I approached him and said, ‘Mr. President, I don’t want a single vote that doesn’t belong to me. Let the election be free and fair.’”   He recounted how he (then in APGA) took action when members of the Peoples Democratic Party (PDP) attempted to interfere in his state.  

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