Why By-Elections are Delayed

The affected by-elections include two senatorial districts, five federal constituencies and nine state constituencies, covering 16 constituencies in total.

More than 3.5 million registered voters across 359 Registration Areas and 7,003 polling units are awaiting the elections.

In approving the N54.99 trillion 2025 federal budget in February, the  National Assembly has  increased of the budget for INEC to N140 billion from N40 billion initially proposed by President Bola Tinubu.

The fund is to support INEC operations for 2025 in preparations for the by-elections, the Anambra governorship election in November and other activities ahead of the 2027 general elections.

But INEC is yet to receive the necessary funds from its N140 billion budget and this is stalling the process.

The vacancies in the legislative houses arose due to the death of some serving lawmakers and the resignation of others who assumed executive positions.

Section 76(2) of the 1999 Constitution mandates that a by-election must be conducted within 30 days of a legislative seat becoming vacant.

This constitutional provision ensures that representation is swiftly restored to affected constituencies, which will in turn prevent prolonged political and governance disruptions.

However, observers are of the opinion that the delay in conducting these by-elections  within the stipulated timeframe constitutes a violation of the Constitution. The prolonged delays have left millions of constituents without representation and this could cause  dangerous precedent where constitutional provisions are ignored due to logistical or financial constraints.

The House of Representatives had in February summoned the Chairman of the INEC, Prof Mahmood Yakubu, to appear before it to explain the reasons for the delay in conducting bye-elections to fill the vacant seats in the National and State Assemblies.

The House made the decision during plenary following the adoption of a motion moved by the member representing the Bogoro/Dass/Tafawa Balewa Federal Constituency in Bauchi State, Jafaru Leko.

Moving the motion, Leko argued that since the conclusion of the 2023 general elections and the subsequent inauguration of the winners, there have been instances of resignations, deaths, and appointments of former members of both the National and State Assemblies to executive positions.

Citing Section 68 of the 1999 Constitution (as amended), the APC lawmaker said such seats must be declared vacant, stressing that Section 76(2) provides for a bye-election to be conducted not later than one month after the vacancy occurs.

But an INEC source explained to Policy and Politics that funding remains a major obstacle to the conduct of the by-elections.

“In recent times, the commission was summoned to the house to explain why we have not conducted the election. And we told the distinguished members of the National Assembly that apart from other challenges, funding is the problem. We need money to conduct elections. N40 billion was initially allocated to INEC for the year. And we then said to them that we cannot do all the activities, all the electoral activities with this sum. And then we went with the figures that we felt we can work with.

“And of course, they listened to us, look at the arithmetic, and then we heard that some allocation has been made. So in a nutshell, once we receive the required funding, we will go to the field to conduct the election”

Some of the vacant seats are Edo Central Senatorial seat; Anambra South Senatorial Zone;

Ovia north-east/Ovia south-west federal constituency in Edo state, Ibadan North federal constituency, Chikun/Kajuru federal constituency of Kaduna state, Babura/Garki Federal Constituency, Jigawa State, Ikenne/Sagamu/Remo North Federal Constituency,

Others are Munya state Constituency in the Niger state, Dekina 11 constituency in the Kogi state House of Assembly, Shanono/Bagwai State Constituency,  Kano.