Legal luminaries under the auspices of Maihanci, Danlami and Gwampo Legal Services have urged the Independent National Electoral Commission INEC to as a matter of urgency conduct bye-election within 30 days for Jalingo, Yorro and Zing Federal Constituency in Taraba State.
In a letter signed by M A Danladi Esq to the National Chairman of INEC, Mahmoud Yakubu, the lawyers cited the provisions of section 76(2) of the Nigerian 1999 constitution as amended that demanded for the conduct of bye-election to fill the vacuum within 90 days.
The legal practitioners warned that failure to conduct the bye-election upon receiving the letter will force them to take legal action against the electoral umpire and claim damages on behalf of the good people of Jalingo, Yorro and Zing Federal Constituency.
“We write on behalf of the good people of Jalingo, Yorro and Zing Federal constituency of Taraba State,
You may recall that the elected member of the House of Representatives representing the constituency in person of Late Hon. Ismail Yusha’u Maihanchi died on the April 21st, 2023 which created a vacancy in the House of Representatives and a vacuum in the Jalingo, Yorro and Zing federal Constituency.
“You are required by the provisions of section 76(2) of the Constitution of Nigeria to conduct bye-election to fill the vacuum within 90 days but in flagrant disregard to the Constitution you have failed to conduct the said bye-election after more than 5 months of such vacancy.
The letter noted that the failure of INEC to conduct bye-election in Jalingo, Yorro and Zing infringed on the rights of the people of the Constituency to participate freely in the Government of this country (Nigeria) through freely chosen representatives in accordance with provisions of section 71(a) of the Constitution of Nigeria and as guaranteed by the provisions of Article 13 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act, Cap. 10, LFN 1990.
The Lawyers further said that the people of Jalingo, Yorro and Zing Federal Constituency are by this omission denied the rights to have federal projects in their constituency by way of “Constituency Projects” through their elected representative.
They said they are not unaware of how INEC was preparing to conduct similar elections in Kogi, Edo and Imo States but neglected Jalingo, Yorro and Zing Federal Constituency in Taraba State while no state is better or greater than the other and no constituency is better than another constituency.
“We urge you to obey the Constitution and put your machinery in motion within 2 weeks of receipt of this letter and conduct bye-election within 30 days, failure of which we will not hesitate to take legal action against you and claim damages on behalf of the good people of Jalingo, Yorro and Zing.”
