FREQUENTLY ASKED QUESTIONS ON RECALL OF A MEMBER OF THE NATIONAL ASSEMBLY, HOUSE OF ASSEMBLY OF A STATE AND AREA COUNCIL OF THE FEDERAL CAPITAL TERRITORY.
FAQs on INEC Recalls
- Question: What is a Recall Petition?
Ans: A petition submitted by electorates of a constituency for withdrawing their elected representative from a Legislative house.
- Question: What are the steps involved in Recalling a legislator?
Ans: Submission of a petition to the Chairman of INEC, signed by more than 50% of the Registered Voters in the constituency, followed by a verification; and then a referendum.
- Question: Is Recall a function of INEC?
Ans: 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.
- Question: How long does a Recall process take?
Ans: The law provides that a Recall process must conclude within 90 days from the date of receipt of the petition.
- Question: Who can be Recalled?
Ans: An elected legislator in the National Assembly, State House of Assembly and a councilor in an Area Council of the FCT.
- Question: Who can initiate Recall of an elected member?
Ans: A group of more than 50% of voters registered to vote in that member’s constituency.
- Question: How do I know the total number of Registered Voters in my Constituency?
Ans: You can request for Certified True Copy (CTC) of Registered Voters in the constituency from the INEC office in the State.
- Question: Where can I get details of Polling Units?
Ans: At the State Offices or INEC website: www.inecnigeria.org
- Question: On receipt of a petition for Recall of a member, what does the Commission do?
Ans: 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.
- Question: What if the petition did not meet up the requirements?
Ans: The petitioners are notified accordingly but they can represent the petition if they so wish.
- Question: Can petitioners withdraw their petition?
Ans: A petition for Recall can be withdrawn at any time before the conduct of Verification provided that the withdrawal is endorsed by the representatives of the petitioners.
- Question: What is Verification in a Recall Proceeding?
Ans: It is the process of verifying the signatures of the signatories to the petition for a recall.
- Question: Where is Verification conducted?
Ans: Verification is conducted at polling units in the constituency of the member petitioned against.
- Question: Who participates in a Verification exercise?
Ans: The signatories to the petition only.
- Question: What is Referendum in a Recall process?
Ans: It is an exercise where all Voters in the constituency of the Member petitioned against vote “YES” or “NO” to recall the Member.
- Question: Who participates in a Referendum?
Ans: All the registered voters in the Constituency of the member petitioned against.
- Question: When is a Referendum successful?
Ans: Where the “YES” vote is more than 50% of the registered voters in that member’s constituency.
- Question: Where is Referendum conducted?
Ans: Referendum is conducted at polling units in the constituency of the member petitioned against.
- Question: What happens when a member is Recalled?
Ans: A Certificate of Recall is issued to the presiding officer of the affected legislative house. Subsequently, a bye-election is conducted to fill the vacancy.
- Question: Can a Recalled member re-contest?
Ans: There is no law that prevents a recalled member from
- Question: Can a Chairman of an Area Council, Governor of a State or President of Nigeria be Recalled?
Ans: NO, they can only be impeached.
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