Okey Ezea: Constituent demands immediate Bye-Election, drags INEC to court

A lawyer, political scientist and Advisor from Enugu North Senatorial district, Mr. Gideon Okay Agbo, has dragged the Independent National Electoral Commission, INEC, to court demanding urgent conduct of election for the vacant Senate seat of district.

Late Senator Okechukwu Ezea who represented Enugu North Senatorial district died in November 2025 and was buried on February 15, 2026, in his hometown of Itchi, Igboeze South Local Government Area of Enugu State.

Addressing a press conference in Enugu, on Friday, Agbo said that he was speaking for and on behalf of the concerned constituents of the zone, and filed the suit as a means of sensitizing his people on their constitutional right and as a civic duty.

He noted that 2026 is a critical year preceding the 2027 general elections which if the void continues, there will be no budget for the district for about 15 months.

"The constitutional time for INEC to conduct the election has elapsed and it should do the needful. That the 2027 elections are near should not be an impediment. We have remained unrepresented since November 2025 when Senator Okey Ezea died. Let us finish our 2023-2027 rights before we get to 2027-2031. Assuming a security issue comes up, who will speak for us," he asked.

He stated that the matter is already before a federal high court in Abuja, where he is asking for an order of mandamus, to compel INEC to do it's work. 

"Nsukka has all professional personnel to fill that vacancy. The 

Ezea family made a public notice immediately after his death, and we had made a pre action notice. INEC would have taken a judicial notice. Wheather the Senate transmitted the notice of death to it or not is not necessary," Agbo stated.

Agbo described the continued vacancy as a threat to democratic representation, warning that the people of the district—popularly known as the Nsukka zone—are being denied their constitutional voice in national governance. 

He urged residents to remain politically conscious and resist complacency in the face of what he termed “institutional delay.”

Citing Section 76 of the Constitution of the Federal Republic of Nigeria 1999, Agbo stressed that INEC is under a mandatory obligation to conduct elections whenever a legislative seat becomes vacant. 

According to him, the law leaves no room for avoidable delays once such a vacancy occurs.

“The continued absence of representation undermines democratic governance and weakens legislative participation,” Agbo said, adding that representation in the Senate is a constitutional right, not a privilege.

He also referenced the Supreme Court’s decision in Ifedayo Sunday Abegunde v. Ondo State House of Assembly, noting that vacancies take effect automatically once the relevant constitutional conditions are met, and must be filled within a reasonable time.

He further called on political stakeholders, civil society groups, traditional institutions, and youth organizations within the district to support lawful and peaceful efforts to ensure compliance with constitutional provisions.

“The people deserve representation. The Constitution demands action. Democracy requires no less,” he concluded.