Renowned human rights lawyer, Femi Falana, SAN, has called on the Independent National Electoral Commission (INEC) to discontinue the practice of conducting by-elections, citing unnecessary financial waste.
In a statement released on Saturday, Falana argued that votes cast during elections belong to political parties, not individual candidates and that vacancies arising from the death or resignation of an elected official should not necessitate a fresh election.
Falana noted that political parties could simply nominate replacements without requiring a costly electoral process.
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 previous cases on the matter, Falana noted, “By virtue of Section 221 of the Nigerian Constitution, elections are won by political parties and not by candidates.
“In the case of Amaechi vs. INEC & Ors (2 008) LCN/3642 (SC), the Supreme Court held that “The above provision (i.e.Section 221) effectually removes the possibility of independent candidacy in our elections, and places emphasis and responsibility in elections on political parties. Without a political party, a candidate cannot contest.” In his own contribution to the judgment, Pius Olayiwola Aderemi JSC (of blessed memory) emphatically stated that “…it is the political parties that the electorates do vote for at election time.
“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.”