Time to Bid By-elections Farewell in Nigeria

The financial burden of conducting elections in Nigeria has necessitated calls for the National Assembly to amend relevant sections of the 1999 Constitution and adopt the United States model of appointing replacements to fill legislative vacancies, Davidson Iriekpen reports

Yesterday, September 19, 2026, the Independent National Electoral Commission (INEC) conducted by-elections to fill the five legislative vacancies across four states – Gombe, Kano, Bauchi and Delta.

The commission listed the affected constituencies as “Gombe/Kwami/Funakaye Federal Constituency in Gombe; Dawakin Kudu State Constituency in Kano; Sakwa and Disina State Constituencies in Bauchi; and Udu State Constituency in Delta.”

The five seats became vacant under different circumstances. In Gombe, the Federal Constituency seat became vacant after the lawmaker representing it, Yaya Bauchi Tongo, died in June 2026.

In Bauchi, the former occupant of the Sakwa seat also died, while the lawmaker representing Disina resigned to contest a local government chairmanship position.

In Delta, the state House of Assembly declared the Udu constituency seat vacant after its former occupant, Collins Egbetamah, defected from the All Progressives Congress (APC) to the Nigeria Democratic Congress (NDC).

The Dawakin Kudu seat in Kano became vacant after its former occupant, Rabiu Shuaibu, left the State Assembly to contest the Dawakin Kudu/Warawa Federal Constituency seat. Shuaibu subsequently won the federal constituency by-election held in June, defeating candidates of the Allied Peoples Movement (APM) and Labour Party (LP).

Since the 2023 general election, INEC has conducted by-elections thrice to fill vacant legislative seats across the country. For instance, on February 3, 2024, the commission conducted nine by-elections to fill early vacancies. These took place simultaneously with 35 court-ordered rerun elections.

Also on August 16, 2025, it conducted 16 by-elections across 12 states to fill further vacancies that opened up due to subsequent deaths and resignations.

These by-elections were held amid concerns from a cross-section of Nigerians that INEC should stop conducting by-elections for vacant legislative seats in the country due to the high cost of conducting elections in the country. They, instead, advocated that Nigeria should adopt the United States model of filling vacant legislative seats in the Congress.

For instance, in the US, where Nigeria adopted its pattern of democracy, governors appoint persons to replace Congress members who die or resign from office in 36 states until a general election is held.

Further, it may be argued that in Nigeria, since no one can contest elections outside the sponsorship of a political party, should there be a death or resignation, the party which sponsored the member should be allowed to replace their members. This, they stated, would strengthen the party system and stabilise the legislature as well as reduce the cost of democracy.

In the country, every time by-elections have to be conducted on vacant seats, billions of naira are not only expended; lives are at risk.

It was against this background that in January 2025, the then Chairman of the INEC, Prof. Mahmood Yakubu, raised concerns over the escalating costs and logistical challenges posed by the increasing frequency of by-elections across Nigeria.

At a consultative meeting with political party leaders in Abuja, Yakubu reiterated the need for legislative reforms to establish cost-effective methods of filling vacancies at the national and state assemblies.

“These by-elections are unpredictable, unbudgeted, and challenging to plan. Worse still, some by-elections trigger additional ones. For instance, a by-election for a senatorial seat vacated by a House of Representatives member leads to another by-election for the vacated House seat, which then requires a State Assembly replacement,” he explained.

He lamented the financial burden of these elections, adding that it diverts the commission’s attention from its broader electoral responsibilities. The former INEC boss reiterated the commission’s long-standing call for reforms, noting that alternative systems for filling vacancies are successfully implemented in other countries. He revealed that INEC had advocated for such changes since 2016 and renewed its appeal during its 2025 budget defence before the National Assembly.

In 2021, the House of Representatives attempted a bill seeking to amend the 1999 Constitution to allow this change. Although the bill, sponsored by a member of the Peoples Democratic Party (PDP) from Taraba State, Rimamnde Kwewum, never saw the light of the day, it sought to amend Section 68(1) of the Constitution, to allow INEC to “accept nominations by political parties rather than conduct by-elections in order to replace or fill vacancies caused by the death of a member of the Senate or of the House of Representatives, or of a member of a State House of Assembly under the corresponding Section 109(1).”

According to the lawmaker, under the amendment, political parties are permitted to first make fresh nominations to INEC to replace such vacancies before going ahead to conduct a by-election.

“It is only when political parties are unable to utilise their internal party mechanism and make nominations to INEC that INEC is expected to conduct a by-election as contemplated under Section 68(1) CFRN, 1999.”

Adding his voice to the issue, human rights lawyer, Femi Falana (SAN) urged INEC to stop conducting by-elections, arguing that they constitute an unnecessary financial burden. He contended that the votes cast in elections are essentially for the political parties, not the individual candidates. As such, there is no need for a by-election when an elected official dies or resigns; instead, the respective political party should nominate a replacement for the position.

The senior lawyer further recommended that the National Assembly should amend the constitution to reflect this model, and allow political parties to replace public officials who lose their positions due to death, resignation, or impeachment. He argued that this would streamline the electoral process and prevent the wastage of public funds on elections that are not strictly necessary.

Drawing upon legal precedents to support his proposal, he cited Section 221 of the Nigerian Constitution, pointing out that elections are technically won by political parties rather than individuals. He referenced the Supreme Court ruling in the 2008 case of Amaechi vs. INEC, which stressed the central role of political parties in Nigeria’s electoral system.

Furthermore, Falana referred to historical examples where candidates were allowed to take office following the resignation or death of an elected official, such as in the case of Boni Haruna’s ascension to governor of Adamawa State after the resignation of Atiku Abubakar. He argued that INEC had deviated from this precedent when it called for a by-election following the death of Kogi State Governor Audu Abubakar in 2015.

Until a pragmatic step is taken to amend the 1999 Constitution, INEC will continue to waste resources to conduct by-elections to fill vacant legislative seats in the country.

Whether opposition political parties who are waiting to use the vacant legislative seats to launch themselves to power will allow such an amendment is another issue, time will tell.