EXPLAINER: Understanding Process of Recalling a Nigerian Legislator and Why Senator Natasha’s Recall Petition Failed

By: Oluwaseye Ogunsanya

On Thursday, the Independent National Electoral Commission (INEC) rejected the petition to recall Senator Akpoti-Uduaghan, the Senator representing Kogi Central saying that it has not met the requirements. 

This development has once again shown the complexity and stringent requirements of initiating a recall petition—a process designed to hold elected representatives accountable to the voters—and successfully concluding it. Buttressing this fact, a former director of voter education at the Independent National Electoral Commission (INEC) stated that the process of recalling lawmakers is akin to conducting three elections.

Speaking on News Night, an Arise TV programme on Tuesday, The ex-INEC official among other things, noted that voter turnout in Nigeria rarely exceeds 50 percent, adding to the complexity of the recall process.

“People have to come forward to confirm their signatures, which requires further mobilisation. INEC will mobilise, the legislator being recalled will mobilise, and petitioners will also mobilise. And at the end of it all, INEC will have to demobilise — again, that’s money,” he said.

“Both the petitioners and the legislator will have to spend a significant amount. And of course, there’s the underhand money — bribery, what we call vote-buying — it happens even in a recall referendum.” He said in part. 

Historically, recall petitions in Nigeria have seen limited success, with no documented cases of successful recalls since 1999. 

This article explains the intricate process of recall petitions in Nigeria and the reasons for the failure of the process in the case of Senator Natasha Akpoti-Uduaghan.  

What is A Recall Petition?

A petition submitted by electorates of a constituency for withdrawing their elected representative from a Legislative house.

Section 69 of the 1999 Nigerian Constitution (as amended) outlines the process for recalling a member of the Senate or House of Representatives. The section states that a member of the Senate or of the House 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.

What Are the Steps Involved in Recalling a Legislator? 

The recall process begins when constituents submit a petition to the Chairman of the Independent National Electoral Commission (INEC). To be valid, this petition must be signed by more than 50% of the registered voters in the representative’s constituency. The signatures must be organized by polling units and local government areas to ensure proper verification.

Once the petition is received by INEC, it undertakes a verification process. This involves checking the signatures against the electoral register to confirm that they belong to registered voters within the constituency. If the petition meets the required threshold of signatures, INEC will then notify the legislator that a petition for their recall has been received. If the petition does not meet the required threshold of signatures however, the commission notifies the petitioners and dismisses the petition.

Should the petition pass verification, INEC is obligated to conduct a referendum within 90 days. During this referendum, all registered voters in the constituency will vote on whether to recall the legislator. A simple majority of votes is required for the recall to be successful. If the referendum favors the recall, INEC issues a Certificate of Recall to the presiding officer of the legislative house, leading to the removal of the legislator and a bye-election to fill the vacancy.

It is important to note that the recall process is not applicable to all elected officials. Specifically, governors, the President, and chairpersons of area councils can only be removed through impeachment, not recall. This process is an essential aspect of democratic governance, allowing constituents to exert control over their elected representatives when necessary.

Why Did Natasha Akpoti-Uduaghan’s Recall Petition Fail?

The recent attempt to recall Natasha Akpoti-Uduaghan, the Senator representing Kogi Central, illustrates the challenges inherent in this process. According to the electoral umpire, the petition submitted for her recall failed to meet the constitutional requirement outlined in Section 69(a) of the Nigerian Constitution. This section, as earlier stated, mandates that a recall petition must be supported by more than 50% of registered voters in the constituency.

“The petition for the recall of the Senator representing the Kogi Central Senatorial District has not met the requirement of Section 69(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended),” INEC wrote on its X handle.

“The total number of registered voters in the Kogi Central Senatorial District is 474,554. More than one-half of this figure (i.e. 50%+1) is 237,277+1, which is at least 237,278 voters,” the statement issued by INEC’s National Commissioner and Chairman, Information & Voter Education Committee Sam Olumekun read in part.

“Across the 902 Polling Units in 57 Registration Areas and five Local Government Areas that make up the Senatorial District, the Commission ascertained 208,132 signatures/thumbprints from the submission made by the petitioners.”

INEC had earlier rejected the petition to recall the Senator, citing missing contact details. The petitioners later submitted the missing item, a fact INEC acknowledged. But on Thursday, it said the petition did not meet all requirements for the recall of Senator Natasha as enshrined in Nigeria’s constitution.

“Consequently, the petition has not met the requirement of Section 69(a) of the Constitution. Therefore, no further action shall be taken on the recall of the Senator,” Olumekun said.

In line with the legal requirements, INEC also issued a Public Notice regarding the outcome of the review. The notice, alongside a summary of the signatures/thumbprints disaggregated by Local Government Areas, is available for public viewing on INEC’s official website and social media platforms.

How Did It All Start? 

Senator Natasha Akpoti-Uduaghan’s ordeal began on March 6, 2025, when the Nigerian Senate suspended her for six months over alleged misconduct during a February 20 plenary and refusal to comply with seating arrangements. Her suspension came with several sanctions such as, withdrawal of security aides, closure of her National Assembly office, forfeiture of Senate properties, loss of salary and allowances, and a ban from representing herself as a senator locally or internationally. The Senate however indicated that it might consider lifting the suspension if she tenders a written apology.

Akpoti-Uduaghan, however, claimed the suspension was politically motivated and a retaliation for accusing Senate President Godswill Akpabio of sexual harassment—an allegation Akpabio denied. Her initial petition to the Senate was rejected on the basis that a sitting senator cannot sign a petition. Days later, another petition signed by one Zubairu Yakubu, who described himself as a concerned Nigerian citizen from the Kogi Central Senatorial District, accused Mr Akpabio of harassing Mrs Akpoti-Uduaghan sexually. It also accused him of abuse of office and obstruction of legislative duties.

On March 11, she externalised the matter by reporting to the Inter-Parliamentary Union (IPU) at the UN headquarters, She told the IPU at the meeting that her suspension was unlawful and an attempt to silence her for making allegations of sexual harassment against Mr Akpabio. She also maintained this stance during her interviews with international media – BBC and DW news.  

While some of her constituents in Kogi Central condemned the suspension, another group of her constituents submitted a recall petition to INEC, seeking to remove her from office.

Have There Been Past Failed Recall Processes?

Yes. Since Nigeria’s return to democracy in 1999, several attempts have been made to recall federal lawmakers, but none have been successful. According to Premium Times, at least six recall efforts have failed in the past 26 years.

In 2016, constituents from Borno South Senatorial District sought to recall Senator Ali Ndume over alleged poor representation, but the process was thwarted by resistance from his loyalists and eventually fizzled out.

A more prominent case was in 2018, when efforts to recall Senator Dino Melaye of Kogi West collapsed due to low voter turnout during the signature verification exercise. Of the 189,870 signatories, only 18,742 could be verified by INEC, falling short of the required threshold.

Other failed recall attempts as stated by the report involved lawmakers like Farouk Lawan, Abdulmumin Jibrin, Datti Mohammed, and Chris Ngige, each unsuccessful due to political resistance, failure to meet constitutional requirements, or insufficient public support.