Adetayo Adekunle, a public intellectual and concerned resident of Ibadan North, has written an open letter to the Governor of Oyo State, Engr. Seyi Makinde, seeking urgent intervention in the prolonged legislative vacuum affecting the Ibadan North Federal Constituency.

In the letter dated May 19, 2025, Adekunle drew attention to what he described as a constitutional breach resulting from the failure of the Independent National Electoral Commission (INEC) to conduct a bye-election to fill the House of Representatives seat vacated by the late Hon. Musiliu Olaide Akinremi, who passed away on July 10, 2024.

He noted that nearly a year after the demise of the lawmaker, the constituency has remained without representation in the National Assembly, a situation he described as unjust and detrimental to the welfare of constituents.

Quoting Section 76 of the 1999 Constitution (as amended), Adekunle argued that the INEC is mandated to conduct an election to fill a vacancy in the House of Representatives no later than one month after such a vacancy occurs—provided the vacancy arises more than three months before the next general election.

“The argument of the Commission that lack of funding has prevented it from performing a mandatory constitutional duty is untenable and indefensible,” he wrote.

The writer expressed particular concern that the constituency risks losing out on the projected ₦1 billion allocation earmarked for each federal constituency under the 2025 Appropriation Act, due to the absence of a duly elected representative.

In light of these concerns, Adekunle urged Governor Makinde to take the following actions:

1. Instruct the Attorney-General of Oyo State to approach the courts and seek an order of mandamus compelling INEC to fulfill its constitutional obligation.

2. As Vice-Chairman of the Nigerian Governors’ Forum, rally other governors whose states are similarly affected to lobby the Federal Government for prompt supplementary funding to INEC.

While acknowledging that INEC operates under federal jurisdiction, Adekunle emphasized the importance of state-level advocacy and judicial action to safeguard democratic representation and ensure that the people of Ibadan North do not continue to suffer political exclusion.

He concluded the letter with an appeal to Engr. Makinde to consider the issues raised with urgency and statesmanship.

As of press time, no official response has been issued by the Oyo State Government or INEC regarding the concerns raised.

HE Seyi Makinde, FNSE

Governor of Oyo State,

Governor’s Office,

Ibadan,

Oyo State.

19th May, 2025

Your Excellency Sir,

URGENT NEED FOR THE STATE GOVERNMENT’S INTERVENTION IN THE FILLING OF THE VACANCY IN THE IBADAN NORTH FEDERAL CONSTITUENCY OF OYO STATE

The above subject refers.

I write, in my capacity as a resident of the above-named constituency, to draw your attention to the plight of the people who have had no voice in the House of Representatives for almost a year now. As you may be aware, the said vacancy arose as a result of the demise of Hon Musiliu Olaide Akinremi on the 10th Day of July, 2024.

Mr. Governor, it is an undebatable fact that it is the constitutional responsibility of the Independent National Electoral Commission (INEC), a federal executive body created under Section 153(1)f of the 1999 Constitution, to “organize, undertake and supervise” all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, *the House of Representatives* and the House of Assembly of each State of the Federation. (See para 15 of the Third Schedule to the 1999 Constitution as amended).

As a corollary to the above, it is pertinent to cite Section 76 of the Constitution which provides for the time of election to the National Assembly. It states as follows:

(1) Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House stands dissolved, or where the election to fill a vacancy occurring more than three months before such date; not later than one month after the vacancy occurred.

As may be gleaned from the highlighted portion of the constitutional provision above, INEC has had more than enough time to fill the vacancy in our constituency. The argument of the Commission that lack of funding has prevented it from performing a mandatory constitutional duty is untenable and indefensible.

As things stand, the good people of Ibadan North Federal Constituency run the risk of losing out of the projected one billion naira constituency project said to have been allocated to each constituency under the 2025 Appropriation Bill (budget).

Consequent upon the foregoing, I wish to respectfully urge Your Excellency to do the following:

1. Direct the Attorney-General of Oyo State to approach the court for an order of mandamus compelling INEC to perform it’s mandatory constitutional duty.

2. As Vice-Chair of the Nigerian Governors Forum, lobby your colleagues, who have similar vacancies in their states, to engage proactively with the Federal Government to expeditiously provide supplementary funding to INEC.

While expecting your gracious consideration of the issues raised in this letter, kindly accept the sincere assurances of my utmost regards.

E-Signed

Adetayo Adekunle

Bodija

Ibadan North LGA of Oyo State.

adekunleadetayo@gmail.com