Human rights lawyer, Femi Falana (SAN), has called on the Independent National Electoral Commission (INEC) to discontinue the practice of conducting by-elections, citing them as unnecessary and wasteful.
In a statement obtained by *Sunday PUNCH*, Falana argued that since votes during elections are attributed to political parties rather than individual candidates, the replacement of elected officials who die, resign, or are impeached should not require fresh elections.
He stated, “The political parties that sponsored the candidates who 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 under such circumstances.”
Falana referenced legal precedents, including the Supreme Court ruling in *Amaechi vs. INEC & Ors (2008) LCN/3642 (SC)*, which affirmed that elections in Nigeria are won by political parties, not individuals. Justice Pius Olayiwola Aderemi (of blessed memory) stated in his judgment, “It is the political parties that the electorates vote for at election time.”
Falana also highlighted the 1999 case of *PDP vs. INEC*, where Boni Haruna became the governor of Adamawa State without a fresh election following the resignation of Atiku Abubakar, who had been nominated as the Vice Presidential candidate of the PDP.
He criticized INEC’s decision to conduct a supplementary election in Kogi State after the death of Abubakar Audu, who had emerged as the governor-elect, describing the move as inconsistent with legal precedents.
Falana urged the National Assembly to amend the Electoral Act to streamline the process and avoid unnecessary expenses while ensuring political parties are held accountable for filling vacancies.
