The Independent National Electoral Commission has been urged to cease holding by-elections by human rights attorney Femi Falana, SAN.
Falana claims that by-elections cause needless money to be wasted.
According to Falana’s remark, which the media was able to get, a by-election should not be held to replace elected candidates who have resigned or died because the votes cast during elections belong to the political parties.
He said, “The political parties that sponsored the candidates that die or resign should be directed to fill the vacancy by nominating another candidate.
“The National Assembly should therefore amend the Electoral Act to allow political parties to replace elected public officers who lose their positions as a result of death, resignation or impeachment.”
Citing earlier cases on the topic, Falana said, “By virtue of Section 221 of the Nigerian Constitution, elections are won by political parties and not by candidates.
The Supreme Court ruled in the matter of Amaechi vs. INEC & Ors (2 008) LCN/3642 (SC) that “the above provision (i.e., Section 221) effectively removes the possibility of independent candidacy in our elections and places emphasis and responsibility in elections on political parties.” It is impossible for a candidate to run without a political party. Pius Olayiwola Aderemi JSC (of blessed memory) made the strong statement that “…it is the political parties that the electorates do vote for at election time” in his personal input to the ruling.
“In P D.P. v. I.N.E.C. (1999)7SC (PT II) 30, Mr. Boni Haruna was allowed to the governor of Adamawa State following the resignation of the elected governor, Mr Atiku Abubakar who had been nominated as Vice Presidential candidate of the Peoples Democratic Party.
“For some inexplicable reasons, the Independent National Electoral Commission changed the law when it decided to conduct an additional election after the death of Mr. Audu Abubakar who had emerged the Governor of Kogi State.”