INEC guidelines on recall of legislators
IN exercise of the powers conferred on it by Section 4 of
the Independent National Electoral Commission Act 1998
and of all other powers enabling it in that behalf, the
Independent National Electoral Commission (in these
Guidelines referred to as "the Commission" hereby issues
the following Guidelines for the recall of a member of the
National Assembly or House of Assembly of a State and
procedure for the conduct of a referendum for recall.



PART 1
1.
(1) A petition for recall shall present the
signatories arranged according to Polling
Units, Ward, Local Government and
Constituency.


(2) On receipt of a petition by the Chairman
of the Commission for the recall of a
member of the National Assembly or House
of Assembly of a State by more than one-
half of the persons registered to vote in
that member's Constituency alleging their
loss of confidence in that member, the
Commission shall within 90 days:


(a) cross-check that the signatories
appear on the authenticated Votes'
Register; and if satisfied,

(b) conduct a referendum.


2. The Commission shall, soon after the receipt of
the petition:
(1) notify the member sought to be recalled,
stating the facts of the receipt of the
petition for the recall of the member; and


(2) issue a public notice or announcement
stating the days, time and location of
cross-checking.


3. (1) The cross-checking shall be carried out at
such centres as may be designated by the
Commission within the constituency.


4. The power of control and supervision of cross-
checking signatories to a petition for recall shall be
vested in the Commission and any rules,
regulations, circulars, manuals, directives and
instructions given by the Commission regarding the
cross-checking of petitions for recall shall be
binding.


5. The Commission shall:
(a) cross-check which of the names of the
signatories to the petition appear on the
authentic Voters' Register; and


(b) enter the result of the cross-checking in
the appropriate Form.


6. The Commission shall:
(a) if satisfied that more than one-half of
the persons registered to vote in that
member's Constituency endorsed the
petition, conduct a referendum for the
recall of the member; or


(b) where the outcome of the cross-
checking shows that less than one-half of
the persons registered to vote in that
member's Constituency endorsed the
petition, decline to conduct a referendum
for the recall of the member.


PART II
7. The Commission shall, if satisfied that more than
one-half of the persons registered to vote in that
member's Constituency endorsed the petition, issue
a public notice stating the days, time and location
of referendum.


8.
(1) The referendum shall be carried out at
the same time throughout the Constituency
and at such centres as may be designated
by the Commission.


(2) On no account shall referendum centres
be located in private premises, churches,
mosques or other religious places, palaces
of traditional rulers, military or police
barracks, club houses or Political Party
offices.


9. The power of control and supervision of a
referendum for the recall of a member shall be
vested in the Commission and any rules,
regulations, circulars, manuals, directives and
instructions given by the Commission regarding the
referendum shall be binding.


10. A person shall be qualified to vote at a
referendum if he is registered as a voter in the
Constituency where he intends to vote and has
presented a voter's card at the centre on the day of
the referendum.


11.
(1) Voting shall be by open secret ballot and
in accordance with the procedure specified
in these Guidelines.


(2) Voting shall take place at the designated
referendum centres on the same day
between the hours of 8.00 a.m. and 2.00
p.m. throughout the Constituency.


12.
(1) A member sought to be recalled may by
a notice in writing signed by him and
addressed to the Resident Electoral
Commissioner appoint one person who
must be a registered voter in that
Constituency (in these Guidelines referred
to as "Polling Agent" to attend at each
referendum centre in the Constituency at
which referendum is to be conducted, and
the notice shall set out the name and
address of the Polling Agent and to be
given by the member to the Resident
Electoral Commissioner not later than 7
days before the date fixed for the cross-
checking or referendum.


(2) Notwithstanding the requirement of sub-
paragraph (1) of this paragraph, a member
shall not be precluded from doing any act
or thing which he has appointed a Polling
Agent to do on his behalf in these
Guidelines.


(3) The Petitioners or their representatives
may by a notice addressed to the Resident
Electoral Commissioner appoint a Polling
Agent who must be a registered voter in the
Constituency at each referendum centre in
the Constituency at which cross-checking
or referendum is to be conducted. The
notice shall set out the name and address
of the Polling Agent and be given by leader
of the Petitioners to the Resident Electoral
Commissioner not later than 7 days before
the date fixed for the cross-checking or
referendum.


13.
(1) At the hour fixed for opening of the poll,
before the commencement of voting, the
Presiding Officer shall open the empty
ballot box and show same to such persons
as may be lawfully present at the
referendum centre and shall then close and
seal the box in such a manner as to prevent
its being opened by an unauthorised person.


(2) The ballot box shall then be placed on a
table in full view of all present, and be so
maintained until the close of poll.


14. The Presiding Officer may, and shall if required
by the member or a Polling Agent at the time of a
voter's application for a referendum ballot paper
but not afterwards, put to the voter the following
questions:


(a) "What is your name and where do you
live?"; and


(b) "Have you already voted at the present
referendum at this or any other referendum
centre?"


15. Every person intending to vote shall present
himself to a Presiding Officer at the referendum
centre in the Constituency in which his name is
registered as being entitled to vote. Where a voter
produces his voter's card, the Presiding Officer
shall:


(a) record the attendance of the voter in a
register specifically kept for that purpose;


(b) issue the voter with a ballot paper;


(c) stamp the voter's card with the official
mark of the referendum centre; and


(d) sign his name at the back of the voter's
card.
PROVIDED that where a person claims that
his name is in the Register of Voters for the
referendum centre and that his voter's card
is missing or has been destroyed, the
Presiding Officer shall allow the person to
vote if:


(i) the name of the person is found
in the register of voters for the
referendum centre or unit;


(ii) he has satisfied himself that the
person is not impersonating any
other person; and


(iii) he has satisfied himself that the
person has not voted at that
particular referendum.


16. The Presiding Officer shall separate the queue
between men and women if in that area of the
country the culture does not encourage men and
women in the same queue.


17.
(1) Voting at the referendum shall be by
open secret ballot.


(2) A voter on receiving a referendum ballot
paper shall:


(a) proceed forthwith to the voting
compartment where ink pad is
provided and make his thumb
imperssion on the blank space
provided for this purpose on the
referendum ballot paper; and


(b) come out from the
compartment and, in the full view
of the Presiding Officer and all
others present:


(i) deposit the referendum
ballot in the ballot box; and


(ii) have the space between
a finger nail and the flesh of
the finger marked with
indelible ink.


18.
(1) No voter shall record more than one
vote at a referendum under these
Guidelines.


(2) If the votes cast at a referendum in any
Constituency or unit exceed the number of
registered voters in that Constituency or
unit, the referendum for that Constituency
or unit, shall be declared null and void and
another referendum conducted at a date to
be fixed by the Commission.


(3) Notwithstanding the provisions of sub-
paragraphs (1) and (2) of this paragraph,
the Commission may, if staffed that the
result of the referendum will not be
affected by voting in the area where the
referendum is cancelled, direct that a
declaration of the result of the referendum
be made.


19. A voter shall not place on the referendum ballot
paper any writing or mark by which he may be
identified so however than any print resulting from
the staining of the thumb of the voter in the voting
compartment shall not be or be deemed to be a
mark of identification under these Guidelines.


20. A voter who by accident spoils his referendum
ballot paper shall deliver it to the Presiding Officer
and if the Presiding Officer is satisfied that the
referendum ballot paper is spoilt, he shall issue
another referendum ballot appear to the voter and
the spilt referendum ballot paper to the voter and
the spoilt referendum ballot paper shall be
immediately marked "cancelled" by the Presiding
Officer.


21. A voter who is blind or who suffers any physical
disability may be accompanied to the referendum
centre by another person chosen by him to asist
him cast his vote and the Presiding Officer shall
permit such a person to assist the voter.


22. No voter shall vote otherwise than by personally
attending at the referendum centre and in
accordance with these Guidelines.


23.
(1) No person shall be permitted to vote at
any referendum centre or unit other than
the one at which he is registered.


(2) The Presiding Officer shall regulate the
admission of voters to the referendum
centre and shall exclude all other persons
except the member, Polling Agents and any
other person who in his opinion has lawful
reason to be admitted.


24. The Presiding Officer shall, at the close of poll:
(a) count the votes in the presence of
those present;


(b) enter the YES/NO scores in Form RF
001, sign the form and request the agents
to sign;


(c) announce loudly the number of votes
counted; and


(d) give copies of Form RF001 to the polling
agents and the police if available and take
the original to the Ward Collation Officer.


25. The Ward Coalition Officer shall:


(a) take delivery of all Forms RF 001 from
the Presiding Officers;


(b) collate the votes entered in Form RF
001 using Form RF 002;


(c) enter the votes in both words and
figures in the appropriate space in Form RF
002, sign the form and request the agents
to sign;


(d) give a copy of Form RF002 to the polling
agents and the police if available at the
Ward Collation Centre;


(e) take the originals of Form RF 001 and
RF 002 to the Local Government Area
Collation Officer for the Constituency.


26. The Local Government/Area Council Collation
Officer, in the case of Constituency made up of not
more than one Local Government Area or Area
Council, shall:


(a) take delivery of all original Forms RF 002
from the Ward Collation Officers together
with other election materials pertaining to
the referendum;


(b) collate the result of the referendum by
entering the scores in the original Form RF
002 into Form RF 003 in words and figures,
sign the Form and request the polling
agents to sign;


(c) cross-check the figures in Form RF 003,
announce loudly the scores and distribute
copies of the Form to the polling agents
and the police if available at the Collation
Centre;


(d) enter the score into the Declaration of
Result Form RF 005 for the referendum.


27. The Collation Officer shall serve as the
Returning Officer and declare the result of the
referendum.


28. The Local Government/Area Council Collation
Officer, in the case of a Constituency made up of
more than one Local Government Area or Area
Council, shall:


(a) take delivery of all original Forms RF.
002 from the Ward Collation Officers
together with other election materials
pertaining to the referendum;


(b) collate result of the referendum by
entering the votes in the original Form RF
002 into Form RF 003 in words and figures,
sign the Form and request the polling
agents to sign;


(c) cross-check the figures in Form RF 003,
announce loudly the scores and distributes
copies of the Form to the polling agents
and the police if available at the Collation
Centre;


(d) take the original Form RF 003 to the
designated Collation Centre for the
Constituency where he shall hand over
same to the Returning Officer for the
Constituency together with other materials
relating to the referendum.


29. The Returning Officer, in the case of a
Constituency with more than one Local
Government Area shall:


(a) collate the scores in the original Forms
RF 003 into Form RF 004;


(b) enter the votes in both words and
figures in the appropriate spaces in Form
RF 004;


(c) cross-check the figures in Form RF 004,
sign the Form, ask the polling agent to sign
and distribute copies of Form RF 004 to the
polling agents and police if available at the
Collation Centre;


(d) enter the scores in the Declaration of
Result Form RF 005; and


(e) declare the result of the referendum.
The member stands recalled by a simple
majority of YES votes of the registered
voters in the Constituency.


30. Where in these guidelines an act or a thing is
allowed to be done by or in the presence of a
Polling Agent, the non-attendance of a Polling
Agent at the time and place appointed for the act
or thing or refusal by a Polling Agent to do the act
or thing shall not, if the act or thing is otherwise
done properly, invalidate the process of cross-
checking and referendum.


On receipt of a petition by the Chairman of the
Commission for the recall of a member of the
National Assembly or House of Assembly of a State
by more than one-half of the persons registered to
vote in that member's Constituency alleging their
loss of confidence in that member, the
Commission shall within 90 days:


(a) cross-check that the signatories appear
on the authenticated Votes' Register; and if
satisfied


(b) conduct a referendum.
Where in these guidelines an act or a thing
is allowed to be done by or in the presence
of a Polling Agent, the non-attendance of a
Polling Agent at the time and place
appointed for the act or thing or refusal by
a Polling Agent to do the act or thing shall
not, if the act or thing is otherwise done
properly, invalidate the process of cross-
checking and referendum.


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