By virtue of section 69 of the constitution of Federal Republic of Nigeria (1999), there is a provision that: A member of the Senate or of the House of Representatives may be recalled as such a member if-
(A) There is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member, and
(B) The petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.
From the forgoing provision, it is clear that the following are deducible;
Firstly, the electorates “voters” must come up with a petition alleging loss of confidence in a member. It should be noted that what may constitute “loss of confidence” is not defined in the constitution, neither on any statute. This means that there is no need to accuse a member of any wrongdoing other than he is culpable of a misconduct, before the electorate can say they have lost confidence in him.
Going by the constitution, it is clear that the electorate of respective constituency may just wake up one day and start the process of calling back their member of House of Representatives if to them they have lost confidence in him, perhaps due to his inability to prove his competency in discharging his duties or if found complicit in any shameless conducts.
Secondly, the said petition must be signed by more than one-half of the registered voters in that constituency which demands the recall of its member. For example, if a member of constituency has 1000 voters, then not less than 501 registered voters must sign the petition. In other words, anything below 501, like 500 or below will not make the petition stand the test of law.
Thirdly, the petition must be submitted to the chairman of INEC.
Finally, after the submission, INEC must do the following;
1. It must verify the authenticity of signature of voters who signed the petition from onset.
2. It must conduct a referendum within 90 days of the receipt of the petition in order to get it approved by a simple majority of the voters of registered persons in the constituency in question. For example, if 500 out of 1000 registered voters turn out for the referendum, a simple majority of 251 votes and upward will suffice to recall the member in question. Another example is that let us say 600 voters out of 1000 turn out, then 301 votes and upward suffice. In fact, it is the turn out number that will determine what should make up a simple majority.
Going by the above precise explanation, which was written by CUPS lawyers, it is clearly evident that it is not rocket science to recall any misbehaving member of NASS. Senate President Bukola Saraki, Senator Bala Ibn Na’Allah, and the other 50 co-conspirators in the Senate must be stopped before they wreck Nigeria for their selfish interests.
We can salvage and reclaim our country back by mobilising ourselves to do this. As a matter of urgency, please join us by clicking on the link below or go to the “Democracy in Action” Facebook page and click on the “Like” button. Then select “Get Notifications” while you are still clicked on the “Like” button. Please share this link with as many people as you can. Together we can do it!
May God save Nigeria and Nigerians. Amen.
Dr. Idris Ahmed.
CUPS.
