By James Adamu in Abuja
The recent by-elections conducted by Nigeria’s Independent National Electoral Commission (INEC) on 16 August 2025 have sparked a major legal controversy, with warnings that the delays in holding these polls could lead to mass nullifications by the courts.
Buba Galadima, a chieftain of New Nigerians Peoples Party (NNPP), has argued that several of the elections were conducted illegally because INEC failed to adhere to the constitutional 90-day deadline for filling legislative vacancy.
This is even as he criticised Nigeria’s political class, describing them as self-serving rather than public servants. He said their inaction over electoral violations was intentional, exposing deep-rooted corruption in the system.
The former APC leader condemned INEC for failing to regulate political actors effectively. He pointed to irregularities in Kano’s polls where his party’s apparent victory was allegedly overturned through questionable cancellations of legitimate results.
He accused the federal government of manipulating security forces to interfere in local the emiratship matters for political advantage.
His warning has raised serious concerns about the validity of the elections and the potential for a wave of litigation that could destabilise Nigeria’s democratic process.
Speaking on Channels TV’s Monday Politics Today, the NNPP chieftain pointed out that some of the by-elections, particularly in Kano State, were held more than two years after the seats became vacant. He cited Section 76 of Nigeria’s 1999 Constitution (as amended), which mandates that INEC must conduct a by-election within three months of a legislative seat becoming vacant, unless the vacancy occurs within six months of a general election.
According to him, the prolonged delays mean that any legal challenge against these elections would likely succeed, leading to their nullification.
He said: “All the By-Elections were conducted illegally by INEC.”
When asked to explain, he stated: “Because when vacancy occurs, INEC is under obligation to conduct elections under 3 months.” He further noted that “some of the by-elections are being held two years after.”
Galadima specifically pointed to Kano as an example, saying: “The ones in Kano has stayed for more than two years because it was an election that was declared inconclusive by the APC in 2023. 2023, 2024, 2025. That is over two years”, he said.
He warned that “if anybody goes to court to challenge those elections, they would be declared null and void,” emphasizing that “that’s what the constitution says. Not even the electoral Act.”
The implications of this are far-reaching. If courts begin overturning the results of these by-elections, it could create legislative gaps, trigger fresh rounds of elections, and further erode public confidence in INEC’s ability to manage Nigeria’s electoral process.
Legal experts have weighed in on the matter, warning that INEC’s failure to comply with constitutional timelines is not just an administrative oversight but a fundamental breach of the law that could plunge the country into a constitutional crisis.
Constitutional Breach and Legal Consequences
Section 76 of the 1999 Constitution is explicit: when a legislative seat becomes vacant—whether due to death, resignation, or court order—INEC has 90 days to conduct a by-election. The only exception is if the vacancy occurs within six months of a general election, in which case INEC can defer the poll.
However, checks by Spear News reveal that several of the recent by-elections were conducted well beyond this timeframe, leaving them vulnerable to legal challenges.
For example, the Anambra South Senatorial by-election was held over a year after the death of Senator Patrick Ifeanyi Ubah in July 2024. Similarly, the Onitsha North State Constituency election was conducted six months after the kidnapping and presumed death of Justice Azuka in December 2024.
Another Senate seat affected was Edo Central, which became vacant in November 2024 when the sitting senator was sworn in as Edo State’s new governor. Similarly, Denis Idahosa, who served as the representative for Ovia South-West Federal Constituency in the National Assembly, now as Deputy Governor of Edo State, also vacated his seat when he was sworn in alongside Governor Okpebholo on the same day. Meaning, it took INEC nine months to conduct election to fill the vacant positions.
In another case, the Deputy Chief Whip of the House of Representatives, Hon. Adewunmi Onanuga, who passed away. Onanuga, who represented the Ikenne/Sagamu/Remo North Federal Constituency in Ogun State, died on 15 January 2025 following a short illness.
In Kano, the Ghari/Tsanyawa State Constituency re-run election was delayed for more than two years after the original 2023 election was declared inconclusive. These delays directly contravene the constitution, meaning any aggrieved candidate or voter could approach the courts to have the results overturned.
Legal Experts Weigh In
A Benin based constitutional lawyer Barr. Williams Usman, who spoke exclusively with Spear News, provided legal clarity on the commission’s powers under Nigerian law.
“It is important to state that the Constitution of Nigeria and the Electoral Act provide for the regulation of Electoral Practices in Nigeria,” Usman said in Benin. “For instance, Section 153 of the Constitution provides for the creation of INEC.”
The lawyer outlined specific constitutional provisions governing electoral matters: “With relation to tenure of members of the National Assembly, Section 68 provides robustly for that. Recall process is provided for under Section 69. The power of INEC to divide senatorial district is provided for under Section 71 and 72.”
Usman further explained: “They have the power to review same under Section 73 of the 1999 Constitution, provided that the National Assembly is amended and situated population and state boundaries. Population is determined by census by reason of Section 75.”
Addressing the contentious issue of election timing that has dominated recent political discourse, the legal expert cited Section 76: “Section 76(1) seems to have given the power to INEC to fix election on any date they want provided that it is not earlier than 150 days and not later than 30 days before or where the election is to fill a vacancy occurring more than 90 days before such date: not later than 30 days after the vacancy occurs. See Section 76(2).”
The Benin-based attorney has offered clarity on Section 76(2) of the 1999 Constitution, which governs how quickly elections must be held to fill vacant legislative seats.
According to Barr. Usman’s analysis, the constitutional requirements break down into two clear scenarios. First, when a vacancy occurs with more than three months remaining in the legislative term, the Independent National Electoral Commission must conduct a by-election within one month of the position becoming vacant. Second, if the vacancy happens during the final three months of the term, no by-election is required since the seat would soon be up for regular election anyway.
The lawyer’s interpretation appears to support claims made by NNPP chieftain Buba Galadima, who has accused INEC of violating these constitutional timelines in recent by-elections. Galadima specifically pointed to Kano, where some vacancies remained unfilled for two years after being declared.
Barr. Usman stated plainly: The explanation I had of this section was that “if a vacancy occurs more than 3 month to the time within which ordinarily, election into that house should hold, a bye election must be conducted within a month. But if the time left is less than 3 months to the end of the tenure, there ll b no need for any bye election to fill the gap
If we go by this explanation, Buba is very correct “.
Similarly, Samuel Ajimo, a senior lawyer in Abuja, argued that the courts have consistently ruled that elections conducted outside constitutional timelines are invalid. He said, “the constitution does not give INEC the discretion to delay elections indefinitely. If these by-elections are challenged, the courts will have no choice but to nullify them.”
Another senior lawyer, Teni Isaac, said that INEC’s failure to act within the 90-day window undermines democratic representation. “When a seat remains vacant for months or years, the constituents are left without a voice in the legislature,” he explains. “This is a denial of their constitutional right to representation. The courts take such breaches seriously, and INEC’s excuses, whether logistical or political, will not hold up in law.”
Implications for Nigeria’s Democracy
The potential nullification of these by-elections poses several risks to Nigeria’s political stability. First, it could lead to a situation where multiple constituencies are left without representatives for extended periods, disrupting legislative business at both state and national levels. Second, it could trigger a cycle of endless litigation, with losing candidates exploiting INEC’s procedural failures to challenge results in court.
More worryingly, it reinforces the perception that INEC is either incompetent or deliberately manipulating electoral timelines for political reasons. Public trust in the electoral process is already fragile, and further controversies could deepen voter apathy ahead of the 2027 general elections.
INEC’s Defence and Possible Remedies
INEC has yet to respond officially to Galadima’s claims, but past statements suggest the commission often blames logistical challenges, insecurity, and funding delays for postponed elections. However, legal experts argue that these excuses do not absolve INEC of its constitutional duty.
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