Senator Natasha’s Recall: Opponents Overcome Six Hurdles, Four More Remain

In their bid to recall Kogi Central lawmaker, Senator Natasha Akpoti-Uduaghan, from the Senate, her opponents have successfully navigated six out of the ten mandatory steps outlined by the 1999 Constitution (as amended) and the Independent National Electoral Commission (INEC) guidelines.

The Legal Framework for a Recall

According to Sections 69, 110, and 160 of the 1999 Constitution (as amended), along with Sections 2(c) and 113 of the Electoral Act, 2022, INEC has the authority to regulate the recall process of any member of the National Assembly, a State House of Assembly, or an Area Council of the Federal Capital Territory.

The 10-Step Recall Process

Section 69 of the Constitution provides ten detailed steps for recalling a senator:

1. Filing a Petition: More than half of the registered voters in the senatorial district must sign and submit a petition to the INEC Chairman, citing a loss of confidence in the senator.
2. Signature Verification: The petition must be arranged according to polling units, wards, and Local Government Areas.
3. Notification to the Senator: If the petition is deemed valid, INEC informs the senator about the recall move.
4. Public Notice on Verification: INEC announces the date, time, and location for signature verification.
5. Signature Verification Exercise: INEC verifies the authenticity of the signatories to ensure they are registered voters.
6. Decision on Referendum: If less than half of the registered voters sign the petition, INEC dismisses the recall process.
7. Conducting a Referendum: If more than 50% + 1 of signatories are verified, INEC schedules a referendum.
8. Referendum Within 90 Days: INEC holds a referendum within three months to determine whether the senator should be recalled. A simple majority of registered voters in the constituency decides the outcome.
9. Validation of the Recall: If a majority votes ‘yes,’ INEC issues a Certificate of Recall to the Senate President.
10. Senator’s Removal: The Senate President formally removes the senator from office.

High Hurdles in the Recall Process

A major challenge in the recall process is voter turnout. For instance, in Kogi Central, where there are 474,554 registered voters, at least 237,277 voters must participate in the referendum for it to be valid.

However, the voter turnout in the 2023 general elections was only around 27%, making the recall effort a daunting task.

The high threshold required for recalling a senator is designed to ensure stability in legislative representation.

Despite their progress so far, Senator Natasha’s opponents still face significant challenges before achieving their goal.

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