Frequently Asked Questions on Recall of a member of the National Assembly, State House of Assembly and Area Council of the Federal Capital Territory
A petition submitted by electorates of a constituency for withdrawing their elected representative from a Legislative house.
Submission of a petition to the Chairman of INEC, signed by more than 50% of the Registered Voters in the constituency, followed by verification; and then a referendum.
Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria and section 116 of the Electoral Act 2010 (as amended) empowers INEC to conduct Recall proceedings against a member of the National Assembly, State House of Assembly, or the Area Council of the FCT, upon the receipt of a valid petition alleging a loss of confidence in the member, by more than 50% of voters registered to vote in that member’s constituency.
The law provides that a recall process must conclude within 90 days from the date of receipt of the petition.
An elected legislator in the National Assembly, State House of Assembly and a councilor in an Area Council of the FCT.
A group of more than 50% of voters registered to vote in that member’s constituency.
You can request for Certified True Copy (CTC) of Registered Voters in the constituency from the INEC office in the State.
At the State Offices or INEC website: www.inecnigeria.org
The Commission crosschecks the petition to confirm if it has been signed by more than half of the total registered voters in that constituency, and also if it is in line with the laws, regulations and guidelines for Recall.
The petitioners are notified accordingly but they can represent the petition, if they so wish.
A petition for recall can be withdrawn at any time before the conduct of verification provided that the withdrawal is endorsed by the representatives of the petitioners.
It is the process of verifying the signatures of the signatories to the petition for a recall.
Verification is conducted at polling units in the constituency of the member petitioned against.
The signatories to the petition only.
It is an exercise where all Voters in the constituency of the Member petitioned against vote “YES” or “NO” to recall the Member.
All the registered voters in the Constituency of the member petitioned against.
Where the “YES” vote is more than 50% of the registered voters in that member’s constituency.
Referendum is conducted at polling units in the constituency of the member petitioned against.
A Certificate of Recall is issued to the presiding officer of the affected legislative house. Subsequently, a by-election is conducted to fill the vacancy.
There is no law that prevents a recalled member from re-contesting.
No, they can only be impeached.