Benchwarmers in the parliament at the National, State, and Local Government Areas now have reasons to have sleepless nights as the nation’s electoral umpire, the Independent National Electoral Commission (INEC) on Thursday rolled out 30 steps their constituents shall take to get them recalled. In the Regulations and Guidelines for the recall of a member
Benchwarmers in the parliament at the National, State, and Local Government Areas now have reasons to have sleepless nights as the nation’s electoral umpire, the Independent National Electoral Commission (INEC) on Thursday rolled out 30 steps their constituents shall take to get them recalled.
In the Regulations and Guidelines for the recall of a member of the National Assembly, House of Assembly of a state or area Council of the Federal Capital Territory dated 19 September 2024 and signed by the Chairman of the Commission, Prof. Mahmood Yakubu with an explanatory statement by Mr. Sam Olumekun, National Commissioner and Chairman, Information and Voter Education Committee said the Regulations and Guidelines shall guide the process of recall initiated by the voters in a constituency.
“The Commission only implements their request in line with Sections 69, 110, and 160 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Sections 2(c) and 113 of the Electoral Act, 2022”, he said, adding that: “We appeal to constituents interested in the recall of their elected representatives to be guided by the provisions of the regulations and guidelines in preparing and submitting their petitions to the Commission”.
The 10-page document was uploaded to the Commission’s website and social media platforms for the guidance of prospective petitioners and public information has five distinct parts.
The parts are named Petition, Presentation, Verification, Referendum, and Miscellaneous.
Specifically, a petition for the recall of a legislator must be presented to the Chairman of the Commission and shall be signed by more than one-half of the persons (that is, at least one person above half) registered to vote in the constituency of the member sought to be recalled, alleging loss of confidence in that member.
In addition, where half of the number of registered voters is not a whole number, the next whole number shall be regarded as one-half of the registered voters.
According to the Regulations and Guidelines, the signing of the petition may be by signatures or thumbprints of the petitioners adding that the names, Voter Identification Numbers (VIN), and signatures of the petitioners shall be arranged according to Polling Units in the constituency of the member sought to be recalled.
“For ease of communication, the name(s), contact address(es), phone number(s), and e-mail address(es) of the representative(s) of the petitioners should be clearly indicated in the covering letter forwarding the petition to the Commission”.
According to the document, the Commission shall, upon receipt of the petition: Notify the member sought to be recalled, in writing, of the receipt of the petition. Such notification shall be delivered to his/her official address, copied to the presiding officer of the applicable legislature, and published on the Commission’s website and ascertain that the petition is signed by more than one-half (over 50%) of the registered voters in the member’s constituency stressing that the list of signatories to the petition shall constitute the Register of Petitioners (Form EC41) for the purpose of any activity in this Regulation and Guidelines.
The document revealed that the Verification Officer and Verification Collation Officers shall be appointed for the purpose of the verification exercise.
On Referendum, the Regulations and Guidelines state that the conduct of Referendum for Recall shall be carried out in all the Polling Units in the constituency of the member sought to be recalled. In addition, the Commission shall, for the purpose of a Referendum for Recall, appoint Referendum Officers (ROffs) adding that the Commission shall assign functions and duties to Referendum Officers appointed.
“An Electoral Officer, Assistant Electoral Officer of the Commission, or any other official designated by the Commission shall supervise the officials appointed under sub-paragraph 15(a) of this paragraph within the Local Government Area/Area Council of posting.
“A person shall be qualified to vote at a Referendum for Recall if he/she is registered as a voter in the Constituency and is verified after presenting his/her PVC to the designated Referendum Officer at the PU on the day of the Referendum.
According to the new regulations, the Commission may accredit observers to observe the processes of verification and referendum for recall, as it deems fit.
Below is the full text of the Regulations and Guidelines for the recall of a member of the National Assembly, House of Assembly of a state or area Council of the Federal Capital Territory
Petition
a) A petition for Recall shall be presented to the Chairman of the Commission by representative(s) of the petitioners.
(b) The petition shall be signed by more than one-half of the persons (that is, at least one person above half) registered to vote in the constituency of the member sought to be recalled, alleging loss of confidence in that member.
(c) Where half of the number of registered voters is not a whole number, the next whole number shall be regarded as one-half of the registered voters.
(d) The signing of the petition may be by signatures or thumbprints of the petitioners.
(e) The names, Voter Identification Numbers (VIN), and signatures of the petitioners shall be arranged according to Polling Units in the constituency of the member sought to be recalled.
(f) For ease of communication, the name(s), contact address(es), phone number(s) and e-mail address(es) of the representative(s) of the petitioners should be clearly indicated in the covering letter forwarding the petition to the Commission.
Presentation of Petition
2. The Commission shall, upon receipt of the petition:
(a) Notify the member sought to be recalled, in writing, of the receipt of the petition. Such notification shall be delivered to his/her official address, copied to the presiding officer of the applicable legislature, and published on the Commission’s website.
(b) Ascertain that the petition is signed by more than one-half (over 50%) of the registered voters in the member’s constituency. The list of signatories to the petition shall constitute the Register
of Petitioners (Form EC41) for the purpose of any activity in this Regulation and Guidelines.
(c) Where sub-paragraph 2(b) above is established, issue a public notice or announcement stating the day, time, location and other details for the verification of the petition.
(d) Where subparagraph 2(b) above is not established, issue a public notice to that effect and copy the Presiding Officer of the applicable legislature.
Publication of Notice
PART II
VERIFICATION
3. Verification shall be carried out in the Polling Units at the constituency of the member sought to be recalled.
a) The Commission shall, for the purpose of verification of a petition for Recall, appoint Verification Officers (VOs) as is the case with other types of elections.
(b) The Commission shall assign functions and duties to the Verification Officers appointed under sub-paragraph 4(a) of this paragraph.
(c) An Electoral Officer, Assistant Electoral Officer or any other officer designated by the Commission shall supervise the Verification
Officers appointed under subparagraph 4(a) within the Local Government Area/Area Council of posting.
(d) All officers appointed for the verification exercise shall subscribe to the oath of neutrality as prescribed in Section 26 of the Electoral Act 2022.
Verification Officers
5. (a) A member sought to be recalled may, by notice in writing signed by him/her and addressed to the Resident Electoral Commissioner, appoint Verification Agents, who must be registered voters in the constituency, for each polling unit and collation centre in his/her constituency. The member shall also upload the names and addresses of the Verification Agents, along with their passport-size photographs and sample of signatures, to a dedicated portal established by the Commission for that purpose, not later than one week before the date fixed for the verification.
(b) Notwithstanding the requirements of sub-paragraph 5(a) of this paragraph, a member sought to be recalled shall not be precluded from personally representing himself/herself in place of his/her Verification Agent(s) and performing any act or thing for which he/she has appointed a Verification Agent in these Regulations and
Guidelines.
(c) The Representative(s) of the Petitioners may, by a signed notice in writing addressed to the Resident Electoral Commissioner, appoint Verification Agents, who must be registered voters in the constituency, for each polling unit and collation centre. They/he/she shall also upload the names and addresses of the Verification Agents, along with their passport-size photographs and sample of signatures, to a dedicated portal established by the Commission for that purpose, not later than one week before the date fixed for the verification.
(d) The names of Verification Agents shall be arranged according to the Polling Units, Registration Areas/Wards, Local Government Areas/ Area Councils, and Collation Centres where the agents will serve.
Verification Agents
6. The verification of signatures/thumbprints of the petitioners for the Recall shall be carried out at the Polling Units using the Register of Petitioners (Form EC 41) and the Bimodal Voter Accreditation System (BVAS).
Verification procedure
7. On the day appointed, the verification exercise shall commence at 8:30 am and end at 2:30 pm at the Polling Units, provided that all petitioners already on the queue by 2.30 pm shall be allowed to be verified. The Commission may extend the period of verification in line with its existing Regulations, Guidelines, and Procedures. The designated Verification Officer shall:
(a) Request for the Permanent Voter’s Card (PVC) of the petitioner seeking to be verified.
(b) Ensure that the petitioner is at the correct Polling Unit upon the presentation of his/her PVC, otherwise the petitioner shall be advised to proceed to the appropriate Polling Unit.
(c) Check the PVC to confirm that the petitioner’s name and Voter Identification Number (VIN) are as contained in the Register of Petitioners.
(d) Authenticate the petitioner by matching his/her fingerprints or face (facial recognition) using the BVAS.
(e) Tick against the name of the petitioner in the Register of Petitioners as “Verified”.
(f) Request the petitioner to countersign/thumbprint his/her signature/thumbprint against his/her name on the Register of
Petitioners (Form EC41).
(g) Where a petitioner’s fingerprint or facial recognition cannot be authenticated by the BVAS, and notwithstanding that the details of the petitioner on the Register of Petitioners correspond to those in the BVAS, the petitioner shall NOT be allowed to countersign against his/her signature/thumbprint on the list of signatories to the petition, and shall be regarded as not verified.
(h) Where a petitioner fails BVAS authentication or where the PVC he/she presents is not recognised for that Polling Unit, he/she shall politely be asked to leave the polling zone or handed over to the Police or security personnel where there is resistance.
(i) Report any case of anomaly to the Electoral Officer
Please read the full regulations and Guidelines here:
