Section 113
RecallA member of an area council may be recalled as a member if —
(a) there is presented to the Chairman of the Commission a petition in that behalf signed by not less than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission; and
(b) the petition is thereafter approved in a referendum conducted by the Commission within 90 days of the date of the receipt of the petition by a simple majority of the votes of the persons registered to vote in that member’s constituency.
This provision creates an opportunity for constituents to remove or recall their representatives at the Area legislative council.
It mirrors sections 69 and 110 of the Constitution dealing with recall of members of the Federal and State legislatures.
It empowers INEC to receive petitions for the purpose of the recall of a legislator which is duly signed by persons registered to vote in that legislator’s constituency. While executive heads of government such as the President and Governor are removed in Nigeria by impeachment processes, legislators are removed through the process of a successful recall. The basis or rationale for the exercise of recall procedures against law makers re-affirms the position of Section 14 (2) (a) of the Constitution that sovereignty belongs to the people.
Under this section, the petition alleging loss of confidence in an Area council legislator must be signed by more than one-half of persons registered to vote in the Councilor’s constituency, and their respective signatures to the petition must be verified by INEC. INEC is therefore expected to conduct a referendum within 90 days of the receipt of the petition. A simple majority of the persons registered to vote in that Councilor’s constituency will lead to his/her recall.
Note that by virtue of section 129 of the Electoral Act, Councilors may be recalled for violating the provisions of the law on Electoral Offences.
