Prominent human rights lawyer, Femi Falana (SAN), has called on the Independent National Electoral Commission (INEC) to discontinue the practice of holding by-elections.
According to him, such elections result in unnecessary financial waste.
Falana proposed that political parties should be allowed to replace elected officials who vacate their positions due to death or resignation.
He suggested this would save costs and align with constitutional provisions.
“The parties that sponsored the candidates should nominate replacements for the vacancies,” Falana stated, urging the National Assembly to amend the Electoral Act accordingly.
Citing Section 221 of the Nigerian Constitution, Falana emphasised that election votes are for political parties, not individuals.
He referenced the Supreme Court’s ruling in Amaechi vs. INEC (2008), where it was affirmed that parties, not candidates, are the focus during elections.
He also pointed to cases like PDP v. INEC (1999), where Boni Haruna assumed the governorship of Adamawa State following Atiku Abubakar’s resignation.
Falana criticised INEC for deviating from this principle in Kogi State by conducting a fresh election after the death of gubernatorial candidate Audu Abubakar.
Falana urged reforms to simplify the electoral process, reduce costs, and ensure alignment with constitutional mandates.
