The Independent National Electoral Commission (INEC) of Nigeria recently announced that the petition to recall Natasha Akpoti-Uduaghan, the Senator representing Kogi Central Senatorial District, did not meet the requirements outlined in Section 69(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Below is a detailed legal explanation of the framework and process for recalling a senator in Nigeria and why this petition failed.
Case Background
A group called Concerned Kogi Youths and Women started a petition to recall Senator Natasha Akpoti-Uduaghan. They submitted this petition to INEC on March 24, 2025.
The group claimed to have over 250,000 signatures from registered voters in Kogi Central Senatorial District. According to them, they had lost confidence in her because of how she was representing them at the National Assembly. They accused her of misconduct, abusing her office, and not following proper procedures.
Why the Petition Failed According to INEC?
INEC announced that the petition to recall Senator Natasha Akpoti-Uduaghan failed because it did not meet the constitutional requirement outlined in Section 69(a) of the Nigerian Constitution. Specifically, INEC found that the petition did not gather enough signatures from registered voters in the Kogi Central Senatorial District.
INEC counted the signatures and determined that only 208,132 voters signed the petition. This represents 43.86% of the registered voters in the constituency. However, the Constitution requires signatures from more than half of the registered voters, which would be at least 237,278 signatures out of 474,554 registered voters. By falling short of this threshold by 29,146 signatures, INEC concluded that the petition did not meet the necessary criteria.
As a result, INEC decided not to proceed with the recall process. This decision was based on the rigorous verification process that INEC conducted to ensure compliance with the constitutional requirements. The failure to meet these requirements meant that the petition could not move forward to the next stage, which would have involved a referendum to confirm the recall.
Definition of Recall Process
The recall process is a democratic mechanism that allows voters to remove an elected official from office before the end of their term.
This process is outlined in Sections 69 and 110 of the 1999 Constitution and applies to members of the National Assembly and State Houses of Assembly.
Legal Framework for Recall
Section 69 of the Constitution provides the legal framework for recalling a member of the Senate or House of Representatives. It outlines two key conditions that must be met for a recall to succeed:
1. Petition Requirement: A petition must be submitted to the Chairman of INEC. This petition must:
- Be signed by more than half (50% + 1) of the registered voters in the legislator’s constituency.
- Clearly state that the voters have lost confidence in the legislator.
- Have its signatures verified by INEC to ensure authenticity.
2. Referendum Requirement: After verifying the petition, INEC must conduct a referendum within 90 days.
Section 110 of the Constitution provides similar provisions for recalling members of State Houses of Assembly. These sections were amended in 2010 to include the requirement for INEC to verify petitioners’ signatures, adding a layer to ensure accuracy and prevent fraudulent petitions.
Steps in the Recall Process
- Petition Submission: The process begins with the submission of a petition to the Chairman of the Independent National Electoral Commission (INEC). This petition must be signed by more than half of the registered voters in the legislator’s constituency, alleging a loss of confidence in the member.
- Verification: Once the petition is submitted, INEC verifies the signatures to ensure they meet the required threshold. This involves checking the signatures against the voter register to confirm their validity.
- Referendum: If the petition is verified and meets the constitutional requirements, INEC conducts a referendum within 90 days. The referendum is a simple yes or no vote on whether to recall the legislator. The recall is successful if a simple majority of the registered voters in the constituency vote in favour of it.
What Happens When a Legislator is Recalled in Nigeria
When a legislator is successfully recalled in Nigeria, the process follows constitutional and legal provisions to finalize their removal and ensure representation for the affected constituency. The steps are outlined below:
1. Issuance of Certificate of Recall
Once the recall process is completed successfully, INEC issues a “Certificate of Recall” to the presiding officer of the legislative house where the legislator serves. For members of the National Assembly, this certificate is sent to either the President of the Senate or the Speaker of the House of Representatives. For state legislators, it is sent to the Speaker of the State House of Assembly. This certificate formally declares that the legislator has been recalled by their constituents as provided under Section 68(h) and Section 69 of the 1999 Constitution (as amended).
2. Vacating the Seat
Upon receiving the Certificate of Recall, the presiding officer declares the legislator’s seat vacant. This step ensures compliance with constitutional provisions and marks the official removal of the legislator from office.
3. Conducting a Bye-Election
INEC organizes a bye-election to fill the vacant seat created by the recall. This election allows constituents to choose a new representative, ensuring continued representation for the affected constituency. The timeline for conducting this election depends on INEC’s schedule but must follow electoral laws.
4. Eligibility for Re-Contest
A recalled legislator is not barred from re-contesting their seat or participating in future elections. They may choose to run in the bye-election or any subsequent electoral process, provided they meet eligibility criteria.
Past Cases of Recall Processes in Nigeria
1. Senator Dino Melaye (2017)
In 2017, Commissioners from Kogi West senatorial district submitted a petition to the Independent National Electoral (INEC) seeking the recall of Senator Dino Melaye. The petition alleged poor representation and claimed to have gathered 189,870 signatures, which exceeded 50% of the registered voters in the district. INEC acknowledged the petition and announced a timetable for the recall process on July 3, 2017.
Melaye challenged the recall legally, arguing that the petition contained forged signatures and names of deceased persons. Despite his efforts, the Court of Appeal ruled in March 2018 that INEC could proceed with verifying the signatures. However, during verification, only 18,742 signatures were confirmed valid, far below the required threshold of more than half of registered voters. Consequently, the recall process failed.
2. Simon Lalong (2005)
An attempt was made to recall Simon Lalong when he served as Speaker of the Plateau State House of Assembly. Constituents accused him of poor performance and initiated a recall petition. The process failed due to insufficient voter turnout during the referendum.
3. Farouk Aliyu (2006)
In 2006, Farouk Aliyu, representing Birnin-Kudu/Buji Federal Constituency in Jigawa State, faced a recall attempt. During the referendum, 61,117 voters supported his removal while 20,324 opposed it. Despite this outcome showing more support for his recall than against it, Aliyu retained his seat due to procedural issues and insufficient voter participation to meet constitutional requirements.
4. Mark Okoye (2000)
The first recorded attempt to recall a legislator in Nigeria occurred in 2000 against Mark Okoye of Njikoka-2 Constituency in Anambra State. The recall process was initiated by constituents who accused him of non-performance. However, the process failed due to low voter turnout during the referendum.