Two years into the 10th National Assembly, eight federal constituencies remain without representation following the deaths and resignations of lawmakers.

Despite constitutional provisions mandating timely bye-elections, the Independent National Electoral Commission (INEC) has yet to fill these vacancies, a delay that has triggered growing frustration among civil society groups, political observers, and the affected constituents.

Since the Assembly’s inauguration in June 2023, six lawmakers; five from the House of Representatives and one senator have died.

Two additional seats became vacant following the resignations of lawmakers who contested and won in the 2024 Edo State governorship election, bringing the total number of unrepresented districts to eight.

The late lawmakers include Oriyomi Onanuga (Ikenne/Sagamu/Remo North, Ogun), who died in January 2025; Abdulkadir Jelani Danbuga (Isa/Sabon Birni, Sokoto), who passed on in October 2023; Isa Dogonyaro (Garki/Babura, Jigawa) in May 2024; Ekene Adams (Chikun/Kajuru, Kaduna) and Olaide Akinremi (Ibadan North, Oyo), both of whom died in July 2024.

In the Senate, Senator Ifeanyi Ubah (Anambra South) died in July 2024 in the United Kingdom.

Monday Okpebholo and Dennis Idahosa vacated their seats after winning the gubernatorial and deputy gubernatorial elections in Edo State, respectively.

Though both Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas have formally declared the seats vacant, INEC has yet to announce any dates for bye-elections.

The prolonged inaction has not gone unnoticed. Jarret Tenebe, Edo State Chairman of the All Progressives Congress, criticised INEC’s silence, stating, “This is against the spirit and letters of our constitution and democratic norms.”

He warned that if INEC lacks the logistical or financial means to act, it should consider “ceding the responsibility to the Edo State Independent Electoral Commission.”

Section 76(2) of the Nigerian Constitution mandates that bye-elections be conducted within 30 days after a vacancy is declared.

The Electoral Act 2022 further outlines how such elections should be conducted, even if not in a single consolidated section.

In November 2024, INEC Chairman Mahmood Yakubu promised that the Commission was working out modalities for the polls.

But since then, attention appears to have shifted toward the upcoming governorship elections in Ekiti, Osun, Ondo and Anambra, raising fears that these National Assembly seats could remain vacant indefinitely.

Sam Olumekun, INEC National Commissioner and Chairman of the Information and Voter Education Committee, recently assured that the Commission would announce dates “in due course.” Yet, no official timeline has been released.

Beyond the legal implications, the vacuum is hitting Nigerians where it hurts, representation.

With no elected lawmakers in the National Assembly, the constituents of these eight districts have effectively been cut out of legislative deliberations, committee meetings, and debates that could shape laws, budgets, and policies affecting their daily lives.

“This continued vacancy results in the disenfranchisement of the affected citizens,” said Hon. Jafaru Leko on the floor of the House, “which constitutes a violation of the constitutional principles of representation.”

Rotimi Oyekanmi, spokesperson to the INEC Chairman, told BusinessDay that funding shortfalls are partly responsible.

“The Independent National Electoral Commission (INEC) is willing and ready to conduct all bye-elections when they fall due. In the current situation, a lack of funds is responsible for the delay,” he said.

“While it is true that we are preparing for some off-season governorship elections, we are prepared to conduct the outstanding bye-elections once we have what is required to do so.”

As Nigeria moves closer to another round of off-cycle elections, the fate of eight federal constituencies remains uncertain.

The silence from INEC and the slow bureaucratic processes of the legislature continues to rob thousands of Nigerians of their democratic right to be represented.

Unless urgent action is taken, this democratic lapse could stretch into a third legislative year a dangerous precedent for a country still working to strengthen its electoral credibility.

Faith Nwadishi, Executive Director of the Centre for Transparency Advocacy and a leading governance advocate, says INEC’s delay is often exacerbated by the failure of the legislature to send formal notifications.

“So, what we have seen and we’ve been monitoring this is that once there’s a vacancy, the leadership of the legislature will announce it, and the media will carry the news. But it often ends there,” she said.

“There was a time we confronted INEC and said, ‘Why are you not conducting the bye-elections?’ INEC replied that they need a formal letter from the National Assembly before they can act.

They said, ‘The media reports do not replace the official communication required.’ From the day INEC receives that letter, they have 90 days to conduct the election.”

Nwadishi didn’t stop there. She accused some National Assembly leaders of deliberately stalling notifications when the vacant seat belongs to the opposition.

“Some of the leadership of the House, what they do is, especially if it’s opposition, they will just keep the letters.

“They won’t officially write to INEC. And INEC cannot go by media reports.”

She called on citizens to take proactive steps “The people of those constituencies should petition the INEC. They ought to have a representative. They should not sit down and be quiet.”

Nwadishi also proposed an alternative which she said the CSO groups are pushing as an amendment to the Electoral Act “Instead of going through the cost of multiple bye-elections, the political party’s runner-up in the primaries could be sworn in. After all, the votes are for the party, not the individual.”

She concluded, “On the issue of the bye-elections for the vacant seats, it is important that INEC conducts those elections without further delay. And if the challenge is funding, the National Assembly is in a position to pass a supplementary budget to enable INEC carry out its mandate.”

Frank Tietie, Human rights advocate and lawyer, noted that INEC was obviously violating the rights of the constituents.

“INEC, in this case, is a violator,” he declared. “What also surprises me is that when INEC is dragging in its duty, those who are affected aren’t doing anything about it. Nobody is writing petitions and suing INEC for violating their rights.”

He cited legal frameworks that compel the Commission to act. “Under the African Charter on Human and Peoples’ Rights, which is an enactment law, every Nigerian is entitled, as a matter of human rights, to participate in government, either by himself in contested elections or through the representation by another person.”

Tietie urged citizens to pursue legal remedies. “There are procedures under the law, like the order of mandamus. The order of mandamus can be secured against INEC from any high court, a state high court or a federal high court. The dereliction of duty by INEC and the deprivation of the right to representation is a double failure, one by INEC, and another by the people who refuse to challenge that failure. (BusinessDay)