Months After Lawmakers’ Death: Saraki, Dogara Yet To Declare Seats Vacant
No by- election without declaration – INEC Lawyers back INEC
Senate President, Bukola Saraki and the Speaker of the House of Representatives, Yakubu Dogara are yet to declare as vacant, the seats of two senators and one Rep who died months ago, Daily Trust on Sunday reports.
The development, the Independent National Electoral Commission (INEC) said was delaying the conduct of by-elections into the constituencies represented by the deceased lawmakers.
The deceased lawmakers are Senator Malam Ali Wakili (APC, Bauchi), Rep Buba Jibril (APC, Kogi) and Senator Mustapha Bukar (APC, Katsina), the trio died on March 17, March 30 and April 4, this year, respectively.
The Chief Press Secretary (CPS) to Chairman, Independent National Electoral Commission (INEC), Mr Rotimi Oyekanmi, said the commission has not been formally communicated to, 64 days after Wakili’s death, Buba 51 days and Mustapha, 46 days. This is despite the fact that valedictory sessions had been held in honour of the deceased lawmakers.
The valedictory session in honour of late Wakili was held on March 21 and that of Buba and Bukar took place on same day (April 12) at the House and Senate chambers, respectively. During the sessions, the national flags and wreaths were placed on their seats.
While the responsibility to declare Wakili and Bukar’s seats falls on Saraki’s shoulders, that of Jibril rests with Dogara.
Daily Trust on Sunday reports that when Senator Isiaka Adeleke of Osun West Senatorial district died in April 23, 2017, the by-election was conducted on July 8 and his younger brother, Ademola, who won the poll was sworn in on July 12.
In this Senate, Isiaka Adeleke was the first lawmaker to die as Senator Ahmed Zannah of Borno-Central died before the inauguration of this assembly.
Our correspondents gathered that the delay in communicating the demise of the lawmakers to INEC may be due to interest of the presiding officers on who will replace them from their various states.
“You see, it could be that presiding officers are not favourably disposed to the people pencilled down by some of the governors in the states to replace the lawmakers.
“For example, everyone knows that Dogara and his state governor are not in good terms. And you know Dogara and Saraki are always on the same page. So, that may be responsible for the delay in the case of the late Senator Wakili.
“Again, if you observe very well, the governor of Kogi State, where Hon Buba, came from is at loggerheads with some, if not all, the presiding officers here in the National Assembly. Of course the governor would want to get his candidate to replace Buba.
“But the presiding officers may also delay that. I’m not saying that’s the case directly, but it’s a possibility,” the source who is familiar with the workings of the two chambers said.
Daily Trust on Sunday reports that aside their seats, the positions held by the lawmakers are still vacant. While Wakili and Bukar chaired poverty alleviation and capital market committees, respectively, Jibril, was one of the principal officers of the House. He was deputy leader.
When contacted, the Special Adviser to the Senate President on Media and Publicity, Alhaji Yusuph Olaniyonu said, “I don’t have response for that.”
A National Assembly management source said the two presiding officers are yet to give instructions to the Clerk.
“When Senator Isiaka Adeleke died INEC conducted the by-election without a notice from us. It is because of this that the presiding officers have not communicated to the clerk. Secondly, as you know, without a directive from the presiding officers, the clerk cannot act, “he said on condition of anonymity.
When contacted, House spokesman, Abdulrazak Namdas (APC, Adamawa) said he would find out from the leadership to know the true situation of things and get back to our correspondent.
However, had not done that at the time of filing this report, and attempts to reach him a second time were unsuccessful.
No by-election without declaration - INEC
The Chief Press Secretary (CPS) to Chairman, Independent National Electoral Commission (INEC), Mr Rotimi Oyekanmi, faulted the claim of the National Assembly that there was no communication on Adeleke’s death.
“It’s amazing to say categorically that no declaration of vacancy was communicated to INEC by the Senate before filling the vacant seat in Osun West Senatorial District .
“Senator Isiaka Adeleke died on April 23, 2017. The declaration of vacancy was conveyed by the Senate President in a letter to the INEC Chairman Ref. NASS/8TH/S/SP/ INEC/2/33/5/17 dated May 25, 2017. In the letter, the Senate President not only declared the vacancy but urged the INEC chairman to ‘take further necessary action to fill the vacant seat in the Senate,” he said.
On Wakili, Buba and Bukar’s seats, he said INEC was awaiting the declaration of Saraki and Dogara.
“They are all aware of the existence of vacancies and had held valedictory sessions in honour of the deceased legislators. As soon as we receive communication from the presiding officers, dates will be fixed for the outstanding bye-elections.
“Since 2016, no by-election caused by death or resignation of a member of the National or states assembly nationwide has been conducted without the assembly concerned declaring vacancies in a formal communication to the INEC Chairman.
“In the case of the late Speaker of the Oyo State House of Assembly, Mr. Michael Adeyemo, the commission received the declaration of vacancy from the state assembly. Accordingly, the election has been scheduled for Saturday, June 2, 2018.” Lawyers blame N/ Assembly A legal practitional, Gordy Uche, said the leadership of the National Assembly ought to write the INEC informing them officially about the deaths.
He cited the example of Kogi State, when the All Progressives Congress (APC) governorship candidate, Abubakar Audu died and explained that the political party was also expected to write the INEC.
Civil rights lawyer, Festus Okoye, said the Clerk of the National Assembly has to communicate to INEC that somebody is deceased.
He added that until the communication is done, INEC is not aware that somebody is late.
Also speaking, Hameed Ajibola Jimoh said the law provides for time within which a by-election may be conducted on vacant legislative seats after communicating with INEC.
“By virtue of section 76(1) & (2) of the Constitution & Section 25(1) & (2) of the Electoral Act, 2010(as amended), such by-election shall be held on a date to be appointed by INEC,” he said.
“However, if the vacancy occurs more than three months before such date (i.e. in my view, the days before the Houses stand dissolved), the by-election shall be conducted by INEC on a day not later than 1month after the vacancy occurred.
“Though, neither the Constitution nor the Electoral Act provides for what shall happen where INEC does not conduct such by-election within the above prescribed time,” he added.