What you Need to Know About Recalling a Lawmaker in Nigeria

What you Need to Know About Recalling a Lawmaker in Nigeria

By Nafisat Bello

Recall in Nigeria is a constitutional activity that allows citizens to hold their elected representatives accountable. It is a process through which a validly elected lawmaker may be removed from his/her seat in the Senate, House of Representatives and House of Assembly. It’s a process of voting where the electorate decides via a referendum (a yes or no vote) whether they want the lawmaker to remain for the rest of his/her term or whether he/she should be returned home. Hence, the process of recalling is contained in section 69 the 1999 Nigerian constitution.

Due to the crisis which led to the suspension of one of the four women in the Senate, Natasha Akpoti-Uduaghan, from office for 6 months, there have been conversations around recalling the Senator with the submission of the petition to the Independent National Electoral Commission (INEC) which was done on the 24th of March 2025. However, concerns have been raised about the legitimacy of the recall effort, with allegations of deceptive tactics in collecting signatures.

Meanwhile, what is the appropriate recall process according to the law of the land?

Unlike executives who the legislature can impeach, the only constitutional means of removing a National Assembly or state lawmaker in Nigeria is through the recall process. Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, outline the recall procedures for members of the Senate, House of Representatives, and State Houses of Assembly.

Although the recall serves as an accountability mechanism for legislators, the sole basis for initiating a recall under the Constitution is a loss of confidence by the member’s constituents.

Stage One: Petition

The process of recall starts once the chairman of INEC receives a petition signed by more than one-half of the persons registered to vote in that constituency alleging their loss of confidence in the lawmaker. The petition must be signed and arranged according to polling units, wards, Local Government Areas and Constituency.

Stage Two: Verification

If the petition is valid, the commission will proceed to;
1. Notify the Senator sought to be recalled, stating that it has received a petition for the recall.
2. Then, issue a public announcement stating the date, time and location of the verification
3. Verify the signatures to the petition. The signatories must be individuals who appear on the electoral voter’s registers
4. Write to the petitioners stating that the minimum requirement for a referendum was not met if the number verified is less than one-half of the registered voters in that constituency. The petition will therefore be dismissed.

Stage Three: Referendum

If the minimum requirements for a referendum are met, the INEC must then conduct a referendum within 90 days of the receipt of the petition. The referendum will be a simple yes or no vote on whether the lawmaker should be recalled, and will be decided by simple majority of the votes of the persons registered to vote in that constituency.

If a referendum is carried out and the voters in that constituency vote to recall the lawmaker, then the Chairman of the INEC is obliged to send a Certificate of Recall to the Senate President or Speaker of the House, as the case may be, and the affected person ceases to be a lawmaker.

Obviously, the process for recalling a legislator seems a bit complex and by design needs a lot of organisation and mass mobilisation. And despite being enshrined in the Nigerian constitution, no recall process has ever been successful due to the high threshold of voter participation required.

Records of Unsuccessful Recall Processes

The first recorded attempt to recall a legislator in Nigeria occurred in 2000 when the constituents of Hon. Mark Okoye, who represented Njikoka-2 Federal Constituency in Anambra state, 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, the 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.

Again, another recall process was initiated against Late Arc. Umar Buba Jibrin, 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.

Also in 2017, INEC received a petition to recall the then Senator representing Kogi West, Dino Melaye, but unfortunately it was not passed.

Last Line

While constitutionally enshrined as a mechanism for holding legislators accountable, the recall process remains a highly challenging and rarely successful endeavour in Nigeria.

In an environment where the electoral process faces interference, the recall process can also be used as a tool of coercion. The ongoing attempt to recall Senator Natasha Akpoti-Uduaghan reinforces both the significance and the difficulties associated with this democratic tool.

Given the stringent requirements, the recall effort in Kogi Central will serve as a critical test of the feasibility of legislative recalls in Nigeria’s political landscape. Whether or not the recall succeeds, it brings renewed attention to legislative accountability in Nigeria.