Opponents Of Natasha Overcome Three Steps In Recall Bid, Seven More To Go

The push to recall Kogi Central Senator, Natasha Akpoti-Uduaghan, has encountered significant challenges, with those seeking her removal currently facing a ten-step process outlined in the 1999 Constitution as amended and the Electoral Act, 2022.

To date, opponents have cleared three major hurdles, but they still have seven more to scale in their quest to remove her from the Senate.

Sections 69, 110, and 160 of the 1999 Constitution, along with Sections 2(c) and 113 of the Electoral Act, empower the Independent National Electoral Commission (INEC) to regulate and issue guidelines for the recall of National Assembly members, State House of Assembly members, and Area Council members in the Federal Capital Territory (FCT).

Recalling a senator is lengthy and involves multiple legal and procedural steps.

The Ten Steps To Recall

Section 69 of the 1999 Constitution outlines ten clear and complex steps that must be followed for a senator to be successfully recalled. These steps are:

1. Petition: A petition must be submitted by more than half of the registered voters in the senator’s constituency to INEC, alleging a loss of confidence in the senator.

2. Signing of Petition: The petition must be signed by the voters and arranged by polling units, wards, local government areas, and constituency.

3. INEC Notification: INEC notifies the senator that it has received a valid petition for their recall.

4. Signature Verification Date: INEC announces a date, time, and location for the verification of signatures on the petition.

5. Signature Verification: INEC verifies the signatures at the designated locations. Only voters who appear on the electoral register can have their signatures counted.

6. No Referendum: If the number of verified signatures is less than half of the registered voters, INEC writes to the petitioners to inform them that the minimum requirements for a referendum have not been met, and the petition will be dismissed.

7. Referendum: If more than 50% of the signatories are verified, INEC schedules a referendum.

8. Referendum within Three Months: INEC conducts the referendum within 90 days of receiving the petition. The referendum is a simple “yes” or “no” vote on whether the senator should be recalled, and a simple majority of registered voters decides the outcome. A significant hurdle in this step is that 50% of registered voters must participate in the referendum.

9. Validity of Recall: If the majority of voters in the constituency vote “yes” for recall, INEC will issue a Certificate of Recall to the Senate President.

10. Recall of Senator: The Senate President will formally remove the senator from office.

The referendum process introduces a major challenge, as it requires 50% of registered voters in the constituency to participate. For Kogi Central, this means that 237,277 of the 474,554 registered voters must cast ballots.

In the 2023 general elections, voter turnout in Kogi Central was only about 27%. While not all registered voters are required to participate in electing legislators, the recall process demands a much higher threshold.