Democracy & Governance
Demise Of An Elected Lawmaker And The Law -By Alhussain Ibrahim Esq
The content of this article is intended to provide a general guide and to provoke robust discourse on the topic. Specialist advice should be sought about specific circumstances.
Recently, there are discourse on what happens if an elected lawmaker dies before assuming office.
This is yet another situation in our electoral process not contemplated/captured in the Electoral Act.
In a related development, a House of Representatives member-elect, Isma’ila Maihanchi died yesterday, the announcement was contained in a press statement from the office of the Speaker House of Representatives dated 22/04/2023.
This sad and shocking news occurred few weeks to the inauguration of the 10th National Assembly.
Mr Maihanchi was elected to represent Jalingo, Yerro, and Zing Federal Constituency of Taraba State during the 25th February National Assembly election.
Its imperative to note that the 2022 Electoral Act did not vividly state what happens next, in case of the demise of an elected and returned lawmaker.
However, section 34 of the Electoral Act only made provisions in respect of death of a nominated candidate. Section 34(3) of the Act went further to cure a situation where a candidate died after commencement of polls and before the announcement of final results. Furthermore, the section states that in case of Presidential or gubernatorial or FCT Area Council election, the running mate shall continue with the election and nominate a new running mate.
Notwithstanding, for lawmakers (National and State Assembly),that died after the declaration of winner/collection of certificate of return but before taking oath of office, the Electoral Act 2022 is silent.
Section 76(2) of the 1999 Constitution provides that if a legislative seat becomes vacant, an election will be conducted not later than 30 days after the vacancy occurs. This provision can be invoked to remedy the situation.
To conclude, a “bye-election” can be conducted by the Independent National Electoral Commission to fill the vacant position which occurred as a result of death of the elected lawmaker.
The content of this article is intended to provide a general guide and to provoke robust discourse on the topic. Specialist advice should be sought about specific circumstances.
