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How Can A Constituency Recall Their Representative? - Politics - Nairaland

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How Can A Constituency Recall Their Representative? by marjo: 11:51am On Jun 06, 2011
Hello house, i have always wondered how this can be done. is there anyone in the house who is aware of any law enabling recall that can tell me how one can go about it. I'm seriously thinking that this is an option to be looked at. instead of voting and then stomaching 4 years of mediocrity pending when we can vote again, constituents should put the fear of recall into the hearts of their reps.
In brief; How can i recall my representative ?
Re: How Can A Constituency Recall Their Representative? by violent(m): 1:31pm On Jun 06, 2011
Chapter Five section 110 of the Nigerian constitution says


A member of the House of Assembly 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 members'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 the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.
Re: How Can A Constituency Recall Their Representative? by Seun(m): 1:33pm On Jun 06, 2011
How do you get the signatures of one half of persons registered to vote in a constituency??
Re: How Can A Constituency Recall Their Representative? by violent(m): 1:37pm On Jun 06, 2011
Seun:

How do you get the signatures of one half of persons registered to vote in a constituency??

simple, when you check INEC figures, simply collect votes equivalent to one-half of registered figures, this could be through town hall meetings, house to house campaigns etc etc.
Re: How Can A Constituency Recall Their Representative? by violent(m): 1:55pm On Jun 06, 2011
Honsetly, i believe this is a tool that is being under utilized by Nigerians. Many don't even know of its existence.
Re: How Can A Constituency Recall Their Representative? by Kobojunkie: 1:57pm On Jun 06, 2011
^^^ Correct talk!
Re: How Can A Constituency Recall Their Representative? by Kobojunkie: 1:58pm On Jun 06, 2011
violent:

simple, when you check INEC figures, simply collect votes equivalent to one-half of registered figures, this could be through town hall meetings, house to house campaigns etc etc.

or door-to-door calls grin
Re: How Can A Constituency Recall Their Representative? by marjo: 4:21pm On Jun 06, 2011
violent:

simple, when you check INEC figures, simply collect votes equivalent to one-half of registered figures, this could be through town hall meetings, house to house campaigns etc etc.
Thank you violent. it is a thought that has always crossed my mind though i must admit that the thought of getting one half of registered voters is daunting sad like they say information/knowledge is power
Re: How Can A Constituency Recall Their Representative? by violent(m): 4:31pm On Jun 06, 2011
marjo:

Thank you violent. it is a thought that has always crossed my mind though i must admit that the thought of getting one half of registered voters is daunting sad like they say information/knowledge is power

You could start from Nairaland, then organize town hall meetings for women, then town hall meetings for men, then encourage youths in the area.

little drops make an ocean they say
Re: How Can A Constituency Recall Their Representative? by Seun(m): 7:09am On Jun 07, 2011
I think the requirements are too strenuous. If you have the signatures of more than half of the registered voters in a constituency, then you already have a simple majority, so why do you to vote again? Are the requirements to recall a representative in other countries this difficult?
Re: How Can A Constituency Recall Their Representative? by rareman(m): 8:01am On Jun 07, 2011
thank God for this poster, this is just about the most sensible post ever on this forum, I think we need more education on this, I mean water it down to a lay man's view b'coz it's the ordinary man on the that will do the recalling. Please those with more knowledge on this should throw more light. Now I know why am on this forum. May be we can as well use the social networking tools to effect the change we want. Thank u
Re: How Can A Constituency Recall Their Representative? by pheesayor(m): 8:38am On Jun 07, 2011
I've always wanted to know more about it. Now what we simply need do is create more awareness about this process. I can bet most Nigerians don't know about it. From this day I'll start the process of sensitising people about it. My reps in festac did nothing in the last four years, and the federal rep was still re-elected, very annoying.
Re: How Can A Constituency Recall Their Representative? by dustydee: 8:52am On Jun 07, 2011
Seun:

I think the requirements are too strenuous. If you have the signatures of more than half of the registered voters in a constituency, then you already have a simple majority, so why do you to vote again? Are the requirements to recall a representative in other countries this difficult?
The signatures could be forged. Why don't they go straight to the referendum? that will save a lot of time.
Re: How Can A Constituency Recall Their Representative? by Bawss1(m): 8:53am On Jun 07, 2011
I can imagine the level of intimidation that will be employed by a representative when he gets wind of the move to recall him by his constituency.
Re: How Can A Constituency Recall Their Representative? by agitator: 8:56am On Jun 07, 2011
It's not easy, if i remember rightly, in one of the eastern states there was a campaign to recall a rep or senator without success. the organizers ended up being disgraced by the same people they were trying to protect.
Re: How Can A Constituency Recall Their Representative? by agitator: 9:03am On Jun 07, 2011
some of the stories:

Story 1
Voters in Darazo/Ganjuwa Federal Constituency of Bauchi State have submitted a petition to the electoral authorities in Abuja seeking to recall their House of Representatives member, source: http://allafrica.com/stories/200904010101.html

Story 2
The knives are out for member representing Otukpo/Ohimini Federal Constituency of Benue State in the House of Representatives, Source: http://speakersoffice.gov.ng/news_mar_04_09_5.htm

Etc
none was successful, in fact the issue didn't even see daylight before being nipped in the bud.
Re: How Can A Constituency Recall Their Representative? by cold(m): 9:23am On Jun 07, 2011
In the end the process will be stalled because the Rep goes to court to seek an injunction preventing his recall.The vicious circle of summons and adjournments begin,the process drags on for another four years & probably gets stuck on some technicality.See what transpires in the election tribunals.It's simply not worth it,IMHO.
Re: How Can A Constituency Recall Their Representative? by 2ndThought(m): 9:31am On Jun 07, 2011
I think the requirements are too strenuous.  If you have the signatures of more than half of the registered voters in a constituency, then you already have a simple majority, so why do you to vote again?  Are the requirements to recall a representative in other countries this difficult?

@Seun,
Maybe it is time Nairaland sponsored a private members bill (https://www.nairaland.com/nigeria/topic-268193.0.html) which geared to making the recall process less restrictive


Zac Goldsmith MP: 'Recall your MP' pledge falls short
Jul 27 2010 Zac Goldsmith, Richmond Park MP
THE NEW government has promised to bring in a ‘recall initiative’.
Theoretically it will allow voters to get rid of their MPs between elections, as can happen in many other countries. It will enable people to hold their representative to account at all times, and not just before an election.
But in truth, the proposals fall short of the initial pledge. Power is to be given to a parliamentary board, which alone will decide if an MP has behaved badly enough to warrant recall.
The terms of reference are to be restricted to ‘serious wrongdoing’. Effectively, the pressure is from the centre, not from voters.
That's why this week I launched a presentation bill calling for a genuine recall mechanism. True recall, indeed true democracy, allows people to dump their representative if a majority has lost confidence in him, for whatever reason
(contd)
Re: How Can A Constituency Recall Their Representative? by jephiano: 9:42am On Jun 07, 2011
Also note dat once d process of recall is started,once u start campaigning against ur rep,his cronies and relatives wld inform him and he wld not go down without a fight.xpect threats,bribes,betrayal even violence.dis recall thing should only b tried when u r SURE a CLEAR MAJORITY dislike d rep.
Re: How Can A Constituency Recall Their Representative? by 2ndThought(m): 9:44am On Jun 07, 2011
A Nairaland sponsored initiative might actually help dislodge some of the deep seated tribalism one gets to read on just about every thread these days wink
I wonder who among the current crop in the Houses of Assembly would be amenable to this idea.

The session enjoyed relative stability. The gain was the peaceful environment that enabled them to churn out good bills that were landmark in nature. The Senate passed a total of 392 bills, out of which 138 originated from the executive while 227 were private members bills. But in all only 132 bills were passed by them, comprising of 83 executive bills and 49 private member bills. The senate also presented 162 motions, out of which they at 62 resolutions and petitions, but considered 29 of the motions.

Similarly, the House of Representatives presented 333bills, comprising of 146 executive bills and 169 private members bill. They succeeded in passing 141 of the bills, out of which was 90 executive bills and 51 private member bills. The House also presented 176 motions, 224 resolutions and petitions and considered only 184

There was tremendous improvement in the work rate of both chambers, particularly in the area of private members sponsorship of bills. However the major bills of the Fifth Assembly were the Trade Union Amendment Bill, popularly referred to as the Labour Bill, the Contributory Pensions Commission Bill, the 'Due Process' Bill, the National Road safety Commission Bill, the Oil Spillage Response Commission Bill, the Onshore/Offshore Dichotomy Bill, the Armed Forces Service Commission Bill, the Gas regulation Commission Bill, the Petroleum Act Amendment Bill, the Federal Fire Administration Bill, the Fire Prevention and Control Bill among many others.
Re: How Can A Constituency Recall Their Representative? by solo147: 9:56am On Jun 07, 2011
cold:

In the end the process will be stalled because the Rep goes to court to seek an injunction preventing his recall.The vicious circle of summons and adjournments begin,the process drags on for another four years & probably gets stuck on some technicality.See what transpires in the election tribunals.It's simply not worth it,IMHO.
thats the truth broda moreover their allowance at times is even bigger than local government area allocation which makes it possible for them to turn down the yearnings of the poor masses.
I wish to commend the poster and other contributors for a topic like this.
2ndThought:

@Seun,
Maybe it is time Nairaland sponsored a private members bill (https://www.nairaland.com/nigeria/topic-268193.0.html) which geared to making the recall process less restrictive
(contd)
good bless you sir!



Re: How Can A Constituency Recall Their Representative? by marjo: 10:36am On Jun 07, 2011
After reading all these comments, I can see that the process is not for the lily-livered shocked Politics is really another kettle of fish and is not for the faint-hearted . Sometimes we just sit in cyber world and rant yet we are action less wink well I chicken out cheesy but if anyone ever picks up the gauntlet you have my"signature " smiley.
Re: How Can A Constituency Recall Their Representative? by Reference(m): 11:52am On Jun 07, 2011
The fact that this kind of post exists and made the front page proves the wheels are indeed turning. I think this is one area where more enlightenment is required. Most people just give in and wait for the next elections. That is why I am a strong advocate for the retention of the national youth service program. This is where they should come in, public enlightenment. They have overseen a better than expected election season but the job is only half done. INEC should have been retained them a few more weeks to enlighten the people on how to use their power. a sort of post election debrief.

When you vote you are a channel of power. But it does not end there. There is no car without brakes and INEC should not just teach how to throttle but how to stop as well. Not just conduct elections but inform people of the other side of ensuring the electorate is fulfilled, after-all when trouble comes via petitions it is them (INEC) that will waste their resources in court rooms. If recalls were a real possibility then issues of rigging and election violence would be greatly reduced.

The fact that recalls are so very rare despite high level corruption and mediocrity in the polity shows our democracy needs deepening and these are the tools for the job. Good post. Hope for good responses.
Re: How Can A Constituency Recall Their Representative? by violent(m): 12:13pm On Jun 07, 2011
dustydee:

The signatures could be forged. Why don't they go straight to the referendum? that will save a lot of time.

The onus is not on you to prove the genuity of the signatures, the onus is on the other party to prove the signatures are forged!. . .you would be in a better position if you could persuade people to give a thumb print along with their signatures.

Story 1
Voters in Darazo/Ganjuwa Federal Constituency of Bauchi State have submitted a petition to the electoral authorities in Abuja seeking to recall their House of Representatives member, source: http://allafrica.com/stories/200904010101.html
Story 2
The knives are out for member representing Otukpo/Ohimini Federal Constituency of Benue State in the House of Representatives, Source: http://speakersoffice.gov.ng/news_mar_04_09_5.htm

Both are very good examples to cite, but it does not necessarily prove the futility in attempting a recall. I would wager that in both cases, key members involved were either persuaded, threatened or bribed to give up. If you have a group of well determined people. who could brave/defy all odds including the lust of money, then with the support of a simple majority of your consitituent, you should be able to recall your reps without problems.

I doubt many of such persons exit though, not when you are given two options;

a) Take 60 million and shut the fck up
b) remain adamant and lose your life for nothing!

Most reasonable people, would go with the first option, Nigeria is too messed up to be killed over.
Re: How Can A Constituency Recall Their Representative? by Gift4all(m): 12:45pm On Jun 07, 2011
violent:

You could start from Nairaland, then organize town hall meetings for women, then town hall meetings for men, then encourage youths in the area.

little drops make an ocean they say

How many voters are on Nairaland? Afterall, some NLers cannot leave NL for one day to mobilise people for recall.

Seun:

How do you get the signatures of one half of persons registered to vote in a constituency??

It is easier for a camel to pass through the eye of a needle than to do that. By the way, doing it will cost you more resources than the one the member used to win the election. Besides, the electorates are not only ignoraant of recall, they will call you a bad belle and will not support you.
Re: How Can A Constituency Recall Their Representative? by VEE2010(m): 1:27pm On Jun 07, 2011
I think, this process is even more cumbersome than election process itself. This is because, it involves mobilization, financial commitment, Security risk, pressure from opposing view, etc. Lets be frank to ourselves, no Nigerian would want to endanger his life or his family in pursuit of these rigorous process. The major consolation factor still remains that, 4 years is not too long to vote out every unpatriotic elements parading themselves in the corridors of power. However, we must strive to strengthen our institutions to ensure absolute credibility in our electoral process. We have to commence preparation for 2015 general election ASAP. It is our collective duty to educate, inform, outline the bases through which indigent and uncivilized electorates should go in the course of exercising their franchise.
Re: How Can A Constituency Recall Their Representative? by MIKOLOWISKA: 1:43pm On Jun 07, 2011
HOW MANY PEOPLE WILL THE POLITICIANS GIVE 60m and if we are not ready to die for something then we shud jus shut up and live with the rubbish we have
Re: How Can A Constituency Recall Their Representative? by 2ndThought(m): 2:55pm On Jun 07, 2011
I think, this process is even more cumbersome than election process itself.

@VEE2010,

So this is why the process of getting section 110 of the constitution expunged and re-written must be set in motion.
I am proposing a private members bill sponsored by Nairalanders to help strengthen our fledging democracy.

This one is not beyond us folk
Re: How Can A Constituency Recall Their Representative? by Koolking(m): 5:09pm On Jun 08, 2011
Me know this will not work. The Nigerian [Inec/court] factor of course, will suppress such move. It will take Inec/court over 4years to reach a referendum.

Not until our constitution is seen as sacrosanct, we will continue to move in a circular form.
Re: How Can A Constituency Recall Their Representative? by pleep(m): 2:01am On Jun 09, 2011
Recall your represenative? undecided I hope your not from *** local governmen area. . .
Re: How Can A Constituency Recall Their Representative? by Kilode1: 6:28am On Jun 09, 2011
Seun:

I think the requirements are too strenuous.  If you have the signatures of more than half of the registered voters in a constituency, then you already have a simple majority, so why do you to vote again?  Are the requirements to recall a representative in other countries this difficult?

I agree. the requirements are too stringent. 50% is near impossible in my opinion. But we are better than the USA which has no specific recall law for Senators and Reps in the Federal level as far as I know, but several US states have recall via signature laws, elected local council and State Senators can be recalled in several states -19 or 20 iirc.
Re: How Can A Constituency Recall Their Representative? by agitator: 9:40am On Jun 09, 2011
violent:

Chapter Five section 110 of the Nigerian constitution says


A member of the House of Assembly 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 members'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 the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.

Which most times are ghost voters. In other words you need to get the signatures of all the living voters that may even not be up to half of the registered voters. Inec will do a random verification check i.e. randomly check names of signatories against names in their register, this may take forever if the senator/rep is forthcoming with some correct incentives for the inec official.

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