Africa
SOME stakeholders in Anambra, Ebonyi and Enugu states say the decision of the Independent National Electoral Commission, INEC to conduct by-elections in vacant legislative seats few months to 2027 elections is not a waste of resources.
They equally described it as a constitutional necessity to ensure equity and representation.
The stakeholders stated this while responding to News Agency of Nigeria (NAN)’s survey on essence of conducting by-election few months to Nigeria’s general elections in 2026.
NAN reports that INEC will conduct by-elections in six states and off cycle governorship election in Ekiti State.
The by-elections will cover senatorial vacancies in Enugu, Nasarawa, Rivers, and Ondo States as well as a House of Representatives seat in Kano and a State House of Assembly seat in Kebbi.
In Enugu, a political analyst, Bennet Edeh, said the conduct of by-elections was backed by the constitution, which mandated INEC to fill vacant elective positions within 90 days.
“Yes, it is constitutional because INEC is mandated to conduct a by-election not later than 90 days after a seat is declared vacant, either as a result of death, recall or unforeseen circumstances,” he said.
According to him, even if the tenure left is short, the electoral body is still legally required to organise the election unless the law is amended.
“For INEC not to conduct that election, there must be an amendment to the law. Once the seat is declared vacant, INEC is mandated within 90 days to conduct a by-election to fill that vacancy,” Edeh said.
He, however, noted that although the exercise was constitutional, it could amount to a huge financial burden on the country, especially when the general election was only months away.
He advocated for an amendment to the relevant sections of the constitution to allow vacant seats occurring less than one year to the general election to be merged with the main election.
“I think it will save a lot of resources for the state and the country because huge amounts of money will be spent on ballot papers, logistics and recruitment of ad hoc staff for elections that may last only a few months before another general election,” he said.
Edeh added that candidates elected through such by-elections might have limited time to make meaningful legislative contributions before returning to campaign for another election.
Also speaking, the Enugu State Chairman of the Public Affairs Analysts of Nigeria, Ambrose Igboke, defended the conduct of the elections, insisting that affected constituencies deserved representation.
He said the remaining tenure of the current National Assembly and state assemblies was still substantial and should not be ignored.
“People whose constituencies are affected should not stay without representation for one year. The inauguration of the next assembly will be in June 2027, and that is effectively one year away,” he said.
Igboke argued that democracy demanded continuous representation of the people at all levels.
“It is not a waste of resources for me to have representation. It would rather be a disservice and denial of democracy for people to remain without representation because of death, resignation or recall,” he said.
According to him, funds had already been appropriated for the electoral process and no part of the country should be denied representation because of cost considerations.
“When there is a vacuum due to death, resignation or recall, the constitution provides that there should be a bye-election to replace such persons, even if it is close to the expiration of the tenure,” he added.
Speaking from a legal perspective, Justice Peter Umeadi, former Anambra Chief Judge and 2023 presidential candidate of the All Progressives Grand Alliance (APGA), said every institution operated within laid down rules and procedures.
“Law and equity flow in the same stream but never mix. If you have a rule guiding a particular situation, it must be followed,” he said.
Umeadi illustrated his point with the example of the famous Oguta Lake in Imo State, where two differently coloured streams flow side by side without mixing.
“For instance, at Oguta in Imo State, you can see a lake where some part is blue and the other part brown, but they do not mix even though they are on the same stream,” he explained.
Prof. Gerald Ezirim, Lecturer at the Department of Political Science University of Nigeria Nsukka (UNN), said six months was enough for somebody elected by the people to give effective representation as well as attract democracy dividends.
“To me, conducting a by-election six months to general elections is necessary and is not waste of fund.
“Six months is too much to leave a section of people without representative and voice,” he said.
Ezirim, who is the Chairman, South East Association of Political Scientists, said it was important unless the constitution said otherwise.
Mr Dan Ugwu, a lawyer and Right Activist, said democracy being government of the people by the people and for the people abhors vacuum, so conducting by-election six months to general elections was not only necessary but democratic as well as allowed by the electoral act.
“I disagree with any school of thought that says conducting by-election six months to general elections is not necessary and is a waste of funds.
“Constituency or Senatorial District that have no one representing and speaking for them for six months may stand to lose many things as well as suffer marginalisations.
“Democracy abhors vacuum, so there is nothing wrong INEC conducting by-election in constituency or district six months to general elections,” he said.
In Ebonyi, Mr Emmanuel Ekpeta, a legal practitioner with Ogodo, Ogodo & Co in Abakiliki, said that Nigeria was viable to conduct by-election but should be regulated within the provision of the law.
According to him, the reason for by-election is based on the circumstances.
“For instance, if somebody dies on seat, recalls or resign from a political position, the seat cannot be vacant, the constituency must conduct by- election to fill the position.
“It is better to spend money and get it right for posterity and development of the country,” he said.
In another reaction, Mr Monday Nwigbo, Commissioner two, Ebonyi State local Government Service Commission, said that by-election was proper when the need arise.
“Political parties do not conduct by-election. It is the duty of the party to provide to INEC credible candidates that can win during a general election,” Nwigbo stated.
He stressed the need for free and fair election in 2027.
In Anambra, Dr Chris Elumunoh, a veteran journalist and former Anambra State Chairman of Apex Igbo Social cultural group, Ohaneze Ndigbo, described the six months conduct of by-election as constitutional requirements and rights of the zone.
Elumunoh said that the nations electoral umpire had the duty to conduct the by-election to avoid vacancy in the legislative seats declared vacant.
According to him, in a good conscience, the time frame is too short to entangle with such huge process of electioneering and should be patriotically overlooked.
“Yes, it is the right of the constituents and constitutional requirements of the INEC to ensure continuity but not at the expense of the nation.
“The time frame is too short to make any meaningful impression so it will be best they plan for the next legislative session,”.
Mr Maxwell Ezeude, Awka-based legal practitioner and a public Affairs Analyst said that it would be nice to balance the niceties of law.
“Although it was the position of the law but considering the humongous fund involved in conducting election which runs into billions of naira in an era when citizens are begging for help in all sectors of the economy,” he said.
He said that it was not proper considering the cost and urged that the constituents having endured much should exercise patience till next general election to bring out credible representative
He said rushing to conduct a by- election within six months into a general election was a totally waste of scarce resources.
Mr Okechukwu Obenta,a journalist and Mr Daluchukwu Chiadikobi, said that non conduct of the by-election where it had been declared was a “rape” on democracy and cheat to the affected constituency.
Prince Chris Azor, President, International Peace and Civic Responsibility Centre (IPCRC), said that holding such elections barely six months before a general election raised serious questions of prudence, cost, and national priority.
“Sections 76(2) and 116(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) mandate INEC to conduct elections to fill vacancies in the National and State Assemblies within specific timelines after a seat becomes vacant.
“Legally, therefore, INEC may be acting within the law.
“However, beyond legality, there is the issue of public interest. Conducting a by-election for a tenure that may last only a few months often places heavy financial and security burdens on the country.
“It also heightens political tension and electoral desperation at a time when the nation should be preparing for a full general election.
“From a governance and accountability standpoint, many citizens question whether such huge public spending is justified for a very short legislative period,”.
Azor said that civil society groups therefore believed there was a need for electoral reforms that balanced constitutional compliance with practical realities.
“Democracy is not only about obeying the letter of the law, but also about promoting responsible governance, prudent use of public resources, and reducing avoidable political tension.
“Where the remaining tenure is too short to make meaningful legislative impact, national interest and common sense should guide decision-making,” he said. (NAN)
A.I
June 2, 2026
Tags: APGA Bennet Edeh Dr Chris Elumunoh INEC JUSTICE Peter Umeadi Mr Emmanuel Ekpeta Mr Maxwell Ezeude Mr Monday Nwigbo Ohaneze Ndigbo