The Independent National Electoral Commission (INEC) has said that it is not in its power to adjudicate on the validity of a declaration of vacancy of any legislative seat.
INEC which dismissed reports that it refused to accept the resignation of Edison Ehie, who represented Ahoada-east state constituency in the state’s house of assembly, added that it does not also have the power to declare a legislative seat vacant.
Ehie resigned from the legislature in December 2023 amid the Rivers political turbulence to become chief of staff to the state governor, Siminalayi Fubara, who was one of the people involved in the crisis.
The commission said the clarification became necessary following reports that Gabriel Yomere, the state’s resident electoral commissioner (REC), had during a meeting with the inter-party advisory council (IPAC) on September 29, allegedly said INEC refused to accept Ehie’s resignation.
In a statement on Wednesday,Geraldine Ekelemu, acting head of voter education and publicity, said the reports were misleading and misrepresented the REC’s comments.
“The Hon. REC was very transparent in his statement that the decision as to the organization of any election lies solely with the Commission’s Headquarters,” the statement reads.
Ekelemu explained that INEC does not have the power to declare a legislative seat vacant or to determine the validity of a resignation, noting that the commission only acts upon a formal notification from the appropriate authorities.
“The decision of INEC on when to conduct a by-election is only conditioned on its receipt of a formal notice from the appropriate authorities recognized by the Const stating that any legislative seat has become vacant,” it added.
According to the commission, Yomere’s remarks during the IPAC visit had been “misconstrued as a policy statement from the Commission”.
INEC said the claim that it did not accept the resignation of the lawmaker is “factually incorrect and legally unfounded”.
“INEC does not adjudicate on the validity of a declaration of vacancy,” the statement added.
“Once it has been signed and transmitted by the authorized legislative authority and, in this case, the Rivers State House of Assembly, the Commission will commence the processes required to conduct a by-election in line with constitutional provisions and the Electoral Act.”
