Human rights lawyer and activist, Femi Falana (SAN), has called on the Independent National Electoral Commission (INEC), to stop conducting by-elections in the country as such by-elections only lead to unnecessary and wasteful spending of funds.
Falana who made the call in a statement on Sunday, argued that since votes recorded during elections belong to political parties, the replacement of elected candidates as a result of death or resignation should not call for a by-election.
“The political parties that sponsored the candidates that die or resign should be directed to fill the vacancy by nominating another candidate,” the lawyer said.
He also urged the National Assembly to amend the electoral act to allow parties to replace elected officers without resorting to by-elections.
“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.
“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 be 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,” he said.