RECALL: A CONSTITUTIONAL RIGHT OF THE ELECTORATES

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Recall is a constitutional process through which a public office holder could be removed from office by a popular vote. Aside that recall is a constitutional process, it is also a constitutional right of the electorates.

Sections 69 and 110 of the 1999 Constitution of Federal Republic of Nigeria (as amended) provide for the procedures for recalling members of the National Assembly and State Houses of Assembly respectively.

The provisions of the two sections are identical, and below is the summary of the recall procedures as provided by the two sections.

1.    The registered voters in the constituency where the lawmaker represents must come up with a petition alleging loss of confidence in the lawmaker. What amounts to loss of confidence is not defined in the Constitution, thus, the lawmaker needs not to have done any wrong or be culpable of any misconduct before the electorates may lose confidence in him.

2.    The petition must be signed by more than one-half of the registered voters in the constituency where the lawmaker represents. For example, if a lawmaker’s constituency has 100 registered voters, not less than 51 registered voters must sign the petition. The signatures should be arranged according to Polling Units, Wards, Local Government Areas, Constituencies etc. The motive for the petition does not really matter; meeting the requisite number is all that matters. This is because recall is not just a process, it is a right of the electorates, and being a right, the electorates do not need an excuse before they could exercise their right.

3.   The petition must be submitted to the Chairman of the Independent National Electoral Commission; and upon submission, the Independent National Electoral Commission must notify the affected lawmaker and give date, time and location for verification of the authenticity of the signatures on the petition.

4.     Where the signatures verified as authentic are more than half of the number of registered voters in constituency where the lawmaker represents, then the Independent National Electoral Commission must conduct a referendum within ninety (90) days of the receipt of the petition.

5.    The affected lawmaker shall stand recalled where the petition is approved by a simple majority of the votes of registered voters in the constituency where the affected lawmaker represents. Thus, if only 50 out of 100 registered voters participated in the referendum, a simple majority of 26 votes would be sufficient to approve the petition.

CHALLENGES TO THE EXERCISE OF RIGHT OF RECALL BY THE ELECTORATES

1.    Interference by the court through restraining orders like injunctions.

2.    Political apathy by the electorates and high percentage requirement for the petition.

3.    Likelihood of bias by the Independent National Electoral Commission.

4.    Insecurity or violence during signature verification and/or referendum.

5.    Lack of fund for adequate planning.

In Conclusion, the right to recall a lawmaker is guaranteed by the Constitution. It is believed that with adequate planning and coordination, the right to recall may be successfully exercised by the electorates.


JIMOH MOKANREOLA BAMIGBOLA

FOR: M.J.B. BAMIGBOLA & CO.

mjbbamigbolaandco@gmail.com  

 

 

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