The Taraba seat has been vacant in the House of Representatives since the inception of the 10th National Assembly.
A lawyer, Pius Danba, has threatened to sue the Independent National Electoral Commission (INEC) for delaying the by-election for Jalingo/Yorro/Zing Federal Constituency of Taraba State, describing it as "long overdue".
The seat has been vacant in the House of Representatives since the inception of the 10th National Assembly because the Peoples Democratic Party (PDP) candidate, who won the 25 February election to represent the constituency, died before the inauguration of elected members which took place 13 June.
Yushua Mohammed (also referred to as Isma'ila Maihanchi in media reports), 36, reportedly died on 22 April after briefly falling sick, two months after the election in which he defeated then-incumbent member, Kasimu Maigari, of the All Progressive Congress (APC).
In a letter sent to INEC on 9 October, Mr Danba stated that INEC was under obligation to conduct a by-election as stated in section 76(2) of the Nigerian constitution to fill the vacant seat.
He said INEC had violated the constitutional provision mandating it to conduct a by-election not more than 30 days after the seat becomes vacant.
He also referred to the provision of the Electoral Act which he said provides only a 21-day grace period for the conduct of such by-election.
Legal violation
The lawyer 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," his letter stated, adding that it had been well over 170 days now "since the death of Mr 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 13 June, 2023," the lawyer's letter read in part.
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) and (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)."
Subsection 2 of the provision reads: "The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House stands dissolved, or where the election to fill a vacancy occurring more than three months before such date; not later than one month after the vacancy occurred,"
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Mr Danba 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 INEC of 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.
Mr Danba therefore demanded an immediate release of the timetable for election in the constituency which must be conducted before the Bayelsa and Kogi governorship elections.
Mr Danba said that in the event INEC fails to conduct the election, he would not hesitate to file a legal action "to seek the intervention of a court of justice by obtaining a prerogative writ of mandamus compelling the commission to conduct the by-election into the seat."
