A recall process has been initiated against Senator Natasha Akpoti-Uduaghan, the lawmaker representing Kogi Central Senatorial District, following a vote of no confidence by some of her constituents.
The move, which could see her removed from office before the end of her tenure, follows the constitutional steps outlined by the Independent National Electoral Commission (INEC) for recalling an elected legislator.
The recall process is a constitutional mechanism that allows voters to remove an elected legislator before the end of their term if they lose confidence in their representation. However, the process is rigorous and requires significant voter participation at multiple stages.
The recall process begins with a petition signed by more than 50% of the registered voters in the affected constituency. This petition must be submitted to INEC by concerned voters or groups seeking the lawmaker’s removal.
Upon receiving the petition, INEC is mandated to conduct a verification exercise to confirm that the required percentage of registered voters indeed signed the petition. This is done at designated polling units where only those who signed the petition participate in the verification process.
If the petition passes the verification stage, INEC then organises a referendum. This stage is open to all registered voters in the constituency, who will vote either “YES” or “NO” on whether the lawmaker should be removed from office. For the recall to be successful, the “YES” votes must exceed 50% of the total registered voters in the constituency—not just those who participated in the vote.
If the recall referendum succeeds, INEC issues a Certificate of Recall to the presiding officer of the affected legislative house, officially ending the senator’s tenure. A bye-election is then conducted to elect a replacement. However, if the referendum fails to meet the required voter threshold, the senator remains in office.
The entire process must be completed within 90 days from the date INEC receives the petition.
Despite being enshrined in the Nigerian constitution, no recall process has ever been successful due to the high threshold of voter participation required.
The first recorded attempt to recall a legislator in Nigeria occurred in 2000 when constituents of Okoye, who represented Njikoka-2 Constituency in the House of Representatives, initiated the process. However, after legal battles between Okoye and INEC, the recall ultimately failed due to low voter turnout in the referendum.
Next was Simon Lalong, then Speaker of the Plateau State House of Assembly and now a former governor of the state. As a representative of Shendam Constituency, his constituents initiated a recall process, which he tried to stop by filing a lawsuit, arguing that the signatures collected for his recall were not genuine and authentic. Although the legal hurdles were eventually cleared, the process failed due to an insufficient number of voters participating in the referendum.
Similarly, Farouk Aliyu, then a member representing Birnin-Kudu/Buji Federal Constituency of Jigawa State in the House of Representatives, also faced a recall attempt, but the process stalled as fewer than the required number of voters turned out for the referendum.
A recall process was also initiated against Umar Jibril, who represented Lokoja/Kogi/Koton Karfe Federal Constituency. However, this attempt was mired in controversy, as some constituents filed a counter-petition to INEC, alleging that their signatures were forged and that they had not consented to the recall.
Most recently, INEC, in 2017, received a petition to recall the then Senator representing Kogi West, Dino Melaye, which was not passed.
While the recall process appears to be progressing in Kogi Central, concerns have been raised about how signatures are being gathered. Reports from the constituency suggest that some residents may have been misled into appending their signatures.
In Okehi Local Government Area, a town crier reportedly went around on Tuesday inviting residents for what was described as an “empowerment programme.” However, upon arrival at the venue, attendees were allegedly asked to submit their voter card numbers in exchange for money, with no mention of a recall petition.
These allegations have cast doubt on the legitimacy of the recall effort, raising questions about whether the required number of signatures was genuinely collected with the informed consent of voters.
The coming weeks will be critical in determining whether the process moves forward or collapses due to procedural flaws. The allegations of deceptive tactics in collecting signatures may further complicate the process, as INEC will need to ensure the credibility of the recall effort before proceeding to the next stage.
Ozioma Samuel-Ugwuezi
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