Lawyer threaten to sue INEC over delay to conduct by-election in Taraba
By: Chuwang Dungs
A legal practitioner and an indigene of Taraba State, Pius Danba, has threaten to sue the Independent National Electoral Commission (INEC) over its delay in conducting the by-election for Jalingo/Yorro/Zing Federal Constituency of Taraba State, describing it as “long overdue”.
In a letter sent to the commission on October 9, 2023, Pius stated that the member elected to represent the constituency, Yushua Mohammed, died on April 22, 2023, before the inauguration of the National Assembly on June 13, 2023, and consequently the position became vacant.
He said as a result of the vacancy in the house of representative seat created by Mohammed demise, it became imperative for INEC to conduct a by-election as stated in Section 76 subsection 2 of the 1999 constitution.
He said INEC had violated the constitutional provision which provided that election to fill a vacant position must not exceed 30 days.
He also adduced to the provision of the Electoral Act which provides a 21 day grace period.
The legal practitioner faulted INEC over its failure to discharge its constitutional duty within the prescribed time frame.
“It will interest you to know that from the 22nd day of April 2023 to 13th June 2023 is 52 days. It is also well over 170 days now since the death of Mohammed and the seat of the member representing Jalingo/Yorro/Zing Federal Constituency has been vacant since the inauguration of the House of Representatives on the 13th June, 2023,” he stated.
According to him, while other Nigerians are represented in the House of Representatives, the people of Jalingo/Yorro/Zing are not represented at all for over 118 days and counting which is contrary to Section 76 (1) (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission, in accordance with the Electoral Act…the date mentioned in Sub Section (1) of this Section shall…where the election is to fill a vacancy…not later than thirty days after the vacancy occurred,” Dingba stated while quoting the constitution.
He added that Section 34 (3) (b) of the Electoral Act 2022, provides for just 21 days grace period after the death of a candidate.
According to him, election for the constituency was long overdue and accused the Commission for giving priority to the Bayelsa and Kogi governorship elections which were off cycle elections and which ought to have come after the conduct of the Jalingo/Yorro/Zing Federal Constituency by- election.
“It is therefore surprising that your commission is busy scheduling, preparing and going ahead with Bayelsa and Kogi governorship elections which are by law supposed to come later in time after the Jalingo/Yorro/Zing Federal Constituency election.
“It appears that your commission does not consider the election of Jalingo/Yorro/Zing Federal Constituency to be an equally important constitutional activity at all,” he stated.
Dingba therefore demanded an immediate release of the timetable for election in the constituency which must be conducted before the Bayelsa and Kogi governorship elections.
Dingba said In the event INEC fails to conduct the election, he would not hesitate in instituting a legal action to seek the intervention of court of justice by obtaining a prerogative writ of Mandamus compelling the commission to conduct the by-election into the seat.
