Ganye Constituency Cries Out for Representation, Threatens To Sue: INEC’s Delay Sparks Outrage.

Ganye Constituency Cries Out for Representation, Threatens to Sue: INEC’s Delay Sparks Outrage.

Ganye, Adamawa State – The people of Ganye Local Government Area have been left without representation in the Adamawa State House of Assembly for over seven months following the death of their representative, Alhaji Abdulmalik Jauro Musa, on May 24, 2024. Despite provisions in the Nigerian Constitution mandating a by-election within 30 days to fill such a vacancy, the Independent National Electoral Commission (INEC) has yet to conduct the election, raising serious concerns about fairness and respect for democratic principles.

For the people of Ganye, this delay is not just a legal failure but a betrayal of trust. “We feel abandoned. It’s as if our voices don’t matter,” said Malam Adamu Yusuf, a youth leader in Ganye. “Our representative is supposed to fight for our rights in the House of Assembly, but now, we have no one to speak for us. INEC’s silence is not acceptable.”

The Law Is Clear

The Nigerian Constitution and the Electoral Act provide a clear framework for addressing such vacancies. Section 116 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), states that “an election to fill a vacancy in a House of Assembly shall be held within thirty days from the day the seat becomes vacant.” Furthermore, the Electoral Act (2022) reinforces this provision, emphasising that INEC must act swiftly to ensure continuous representation for all constituencies.

Yet, nearly eight months later, the people of Ganye are still waiting. This prolonged delay has left them feeling excluded from the decision-making processes that affect their lives. A concerned resident, Hajiya Amina Idris, noted, “Without a representative, how can our needs be addressed? We have issues with schools, healthcare, and roads, but no one is pushing for us in the House.”

A Letter That Demands Answers

On 6th December 2024, a legal practitioner, Barrister Samson S. Bukar, through his law firm, Logos & Rhema Attorneys, raised an alarm in a seriously worded petition to the INEC Chairman demanding the conduct of the by-election failure upon which they threatened to sue INEC to perform its statutory duty by force. The INEC chairman had sometimes in June 2024 acknowledged the vacancy created in the Adamawa State House of Assembly, but the electoral body had failed to conduct the by-election.

In the said letter, Barrister Bukar, while x-raying the legal duty imposed on INEC, stated that

“Mr. Chairman, sir, our grundnorm, which is the Constitution of the Federal Republic of Nigeria 1999 (as amended), provides at Section 116, Subsection 1, that ‘Elections to a House of Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.”

Our emphasis is Section 116, subsection 2, which states that “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 of Assembly stands dissolved, or where the election is to fill a vacancy occurring more than three months before such date, not later than one month after the vacancy occurred.” (Underlining for emphasis)”

Barrister Bukar, who was a former vice chairman of the Nigerian Bar Association (NBA) Pankshin Branch, further stated that “…the Electoral Act 2022 (as amended) provides at Section 24, Subsection 1 that “In the event of an emergency affecting an election, the Commission shall, as far as practicable, ensure that persons displaced as a result of the emergency are not disenfranchised.”

Furthermore, Section 24, Subsection 2 of the same law states that “Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable.”

Additionally, sir, the Electoral Act 2022 (as amended) clearly provides Section 28, Subsection 3 that INEC should publish a date for a by-election and states that the said notice should not be later than 14 days to the said by-election.”

The legal practitioner firmed, opined that “…from a community reading of the constitutional and statutory provisions herein above quoted, it’s clear that INEC cannot fold its arms and casually select a date it seems fit at its convenience to conduct a by-election as same is guaranteed and strictly governed by law. The only exceptions allowed by law are where there are natural disasters or other emergencies. These exceptions do not exist in the Ganye State Constituency of Adamawa State.”

A Threat to Democracy

The prolonged delay has sparked wider debates about the state of democracy in Nigeria. For many, this incident is symptomatic of a larger problem: the growing disregard for the rule of law and citizens’ rights.

Regarding the issue, Barrister Ibrahim Waziri, a constitutional lawyer based in Yola, stated, “This is a clear violation of the Constitution. INEC’s inaction is illegal and undermines the principles of representation and accountability. If this can happen in Ganye, it can happen anywhere.”

Barrister Waziri further warned of the implications of such negligence. “Democracy thrives on participation and representation. When INEC fails to conduct elections as required by law, it sends a message that the voices of the people do not matter. This is dangerous for our democracy.”

Voices of Frustration

For the people of Ganye, the delay is not just a political issue but a personal one. Many feel that their community is being treated unfairly compared to others. “Why is Ganye being sidelined?” asked Baba Usman, a farmer. “When other constituencies have issues, INEC responds quickly. Are we not part of Nigeria?”

Community leaders have also expressed frustration at the lack of communication from INEC. “We wrote to them on December 6, but we have received no response,” said a traditional leader [name withheld] in Ganye. “This silence is disrespectful. INEC must explain why they have refused to conduct our by-election.”

A Call for Action

As frustration mounts, calls for action are growing louder. Many residents are urging INEC to prioritise the by-election and restore representation to Ganye. Some are even considering legal action to compel the commission to fulfil its duty.

“We are giving INEC a chance to do the right thing,” said Malam Adamu Yusuf. “But if they continue to ignore us, we will have no choice but to take legal steps. This is not just about Ganye; it’s about defending democracy in Nigeria.”

INEC’s Response

Attempts to reach INEC for comments were unsuccessful at the time of writing this report. However, political analysts argue that the commission must act swiftly to restore public confidence. “INEC’s credibility is at stake,” said Professor Maryam Danjuma, a political science lecturer. “If they cannot conduct a simple by-election, how can Nigerians trust them with the general elections?”

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The Way Forward

For now, the people of Ganye remain in limbo, their voices unheard in the halls of power. But their resolve is clear: they will not be silenced. As Nigeria continues to grapple with challenges to its democracy, the case of Ganye serves as a stark reminder of the importance of accountability, representation, and the rule of law.

“We will not give up,” said Hajiya Amina Idris. “Ganye deserves representation. Our democracy deserves better. And we will continue to fight until INEC does the right thing.”

The erudite legal practitioner Barrister Samson S. Bukar added in his letter to INEC that “We equally have our client’s strict and firm instructions to escalate this demand and, if possible, secure a mandamus compelling you to perform the acts for which you were appointed into office to do.”

This story of a small constituency fighting for its rights is a powerful testament to the resilience of ordinary Nigerians and their unwavering belief in the ideals of democracy. As the nation watches, all eyes are now on INEC to see if it will rise to the occasion and fulfil its constitutional mandate.

Attached is the image of the official letter addressed to the INEC Chairman in Abuja: