A lawyer and political analyst, Gideon Agbo, has instituted a lawsuit against the Independent National Electoral Commission (INEC) to court, demanding the immediate conduct of a bye-election to fill the vacant Enugu North Senatorial seat.
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The seat became vacant following the death of Okey Ezea in November 2025. He was laid to rest on February 15, 2026, in his hometown, Ichi, in Igboeze South Local Government Area of Enugu State.
Agbo disclosed his legal action during a world press conference, where he criticised what he described as an unjustified delay by INEC in fixing a date for the bye-election.
He warned that the prolonged vacancy is denying the people of Enugu North Senatorial District, popularly known as Nsukka Zone, effective representation at the National Assembly.
“My message here today is to awaken the political consciousness of the good people of Enugu North Senatorial District, devoid of emotions, sentiments or primordial instincts or party affiliations,” he said.
He accused INEC of failing to act in line with constitutional expectations and cautioned residents against complacency in the face of what he termed subtle political control.
“Every generation must decide what it is willing to sacrifice. Progress is never free. Comfort demands nothing, but liberation demands discipline, struggle and personal cost.
“Make no mistake, when a system makes you feel guilty for resisting injustice, it is already manipulating you. Power does not listen to requests; it responds to pressure,” he added.
Agbo stated that his decision to approach the court was both a legal obligation and a civic responsibility aimed at challenging institutional inaction and promoting democratic accountability.
He argued that the 1999 Constitution (as amended), particularly Section 76, places a mandatory duty on INEC to conduct elections whenever a vacancy occurs in the National Assembly.
“The language of the Constitution is mandatory and leaves no room for avoidable delay where a constituency has become deprived of representation.
“Once vacancy occurs, whether by death, resignation or any other recognised circumstance, the duty to restore representation becomes immediate in order to preserve democratic participation and legislative inclusion,” he stated.
According to him, the continued absence of a senator from Enugu North weakens the district’s voice in national affairs and undermines democratic governance.
“The continued absence of representation undermines democratic governance, weakens legislative participation and deprives citizens of their constitutional voice in national decision-making. Representation in the Senate is not a privilege; it is a constitutional right belonging to the people,” he said.
Citing judicial precedent, Agbo referenced the Supreme Court ruling in Ifedayo Sunday Abegunde v. Ondo State House of Assembly, noting that vacancies take effect immediately once the enabling facts occur.
“The Supreme Court made it clear that constitutional vacancy takes effect automatically once the enabling constitutional facts occur. Consequently, electoral replacement should follow within a constitutionally reasonable time,” he noted.
He therefore urged INEC to act without further delay by publishing a timetable for the bye-election and commencing the necessary processes.
“I respectfully call on INEC, in the interest of constitutionalism, democratic justice and public confidence, to immediately publish the timetable for the senatorial bye-election and commence all necessary electoral processes.
“No administrative delay, procedural hesitation or institutional silence should be allowed to frustrate this constitutional mandate,” he said.
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