INEC Dragged to Court Over Delay in Enugu North Bye-Election
A legal practitioner and policy advisor, Gideon Okay Agbo, has instituted a suit against the Independent National Electoral Commission (INEC), seeking to compel the electoral body to urgently fix a date for the conduct of a bye-election in Enugu North Senatorial District, following the death of Senator Okechukwu Ezea.
Addressing a world press conference on Friday, Agbo decried what he described as an unconstitutional delay in filling the vacant senatorial seat, warning that the continued absence of representation for the people of the district undermines democratic governance and violates the provisions of the Constitution.
The senatorial seat became vacant after the demise of Senator Ezea in November 2025. He was subsequently laid to rest on February 15, 2026, in his hometown of Itchi, Igboeze South Local Government Area of Enugu State.
Agbo, who identified himself as an indigene of Enugu North Senatorial District, popularly known as Nsukka Zone, said his legal action was part of efforts to safeguard democratic values and ensure that the people are not denied their constitutional right to representation.
According to him, “The Constitution of the Federal Republic of Nigeria 1999 (as amended), particularly Section 76, imposes a mandatory obligation on INEC to conduct an election whenever a vacancy occurs in the Senate. The language of the Constitution leaves no room for avoidable delay.”
He argued that once a vacancy occurs, whether by death, resignation, or other constitutionally recognised means, the responsibility to restore representation becomes immediate, stressing that administrative bottlenecks or institutional silence cannot override constitutional provisions.
Agbo further cited the Supreme Court judgment in Hon. Ifedayo Sunday Abegunde v. Ondo State House of Assembly, noting that constitutional vacancy takes effect automatically once the enabling facts occur, and that electoral replacement must follow within a reasonable time.
“The continued absence of representation weakens legislative participation and deprives citizens of their voice in national decision-making. Representation in the Senate is not a privilege but a constitutional right belonging to the people,” he said.
While calling on INEC to act without further delay, Agbo urged the commission to immediately publish a timetable for the bye-election and commence necessary electoral processes.
He also appealed to political stakeholders, civil society organisations, traditional institutions, and youth groups within the senatorial district to support what he described as a lawful and peaceful demand for constitutional compliance.
Beyond the legal arguments, Agbo used the platform to call for heightened political awareness among the people, cautioning against complacency in the face of perceived injustice.
“Oppression does not always come with chains; sometimes it comes with comfort. When people become comfortable inside injustice, they stop demanding change, and that comfort becomes their cage,” he said.
He stressed that citizens must remain vigilant and proactive in defending their rights, noting that “power does not respond to mere requests but to sustained pressure.”
Agbo maintained that his action was devoid of partisan considerations, insisting that it was driven solely by the need to uphold constitutionalism, democratic justice, and the collective interest of the people of Enugu North.
“The people deserve representation. The Constitution demands action. Democracy requires no less,” he concluded.
EDITOR
Sam Udekwe is a journalist working in the News and Current Affairs department, Enugu State Broadcasting Service (ESBS) Enugu. He is well trained in all genres of journalistic venture.
Mr Sam read Mass Communication, graduating all with Distinction in National Diploma, Higher National Diploma and Postgraduate Diploma at IMT, Enugu and Madonna University, Okija, Anambra state, as well as M.Sc Mass Communication with Second Class(Upper Division) at National Open University of Nigeria.
He is the immediate past NUJ Chairman, Enugu state.
samowailo@gmail.com
