"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..."
The Independent National Electoral Commission (INEC) has said the petition submitted for the recall of the senator representing Kogi Central in the National Assembly, Natasha Akpoti-Uduaghan, has failed to meet constitutional requirements.
In a statement signed by the Secretary to INEC, Rose Oriaran-Anthony, the commission said the petition failed to meet Section 69(a) of the Nigerian constitution.
"The Independent National Electoral Commission (INEC) hereby notifies the public that the petition for the recall of Senator Natasha Akpoti-Uduaghan, representing Kogi Central Senatorial District, which was submitted to the Commission on Monday 24h March 2025 by representatives of the petitioners who are registered voters in the constituency, has not met the requirement of Section 69(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)," the statements reads in part.
What fell short?
INEC explained that the constitutional requirement for a recall was to get a signed petition by at least 50 per cent plus one person registered to vote in the constituency.
However, the petition submitted was signed by 43.86 per cent of the constituents. It said only 208,132 of the 474,554 registered voters in the constituency signed the petition.
"Consequently, no further action shall be taken on the petition," the statement said.
"This Public Notice is issued pursuant to the provision of Clause 2(d) 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 (2024)."
In another statement by its spokesperson, Sam Olumekun, INEC explained that the signatories' requirement fell short by 29,146 voters from the constituency.
Mr Olumekun said the leadership of the Senate has also been copied in the public notice of the outcome.
"The public notice, along with a summary of the review of the signatures/thumbprints of the petitioners, which are disaggregated by Local Government Areas, are available on our website and social media platforms for public information," the statement said.
Senator's Recall
PREMIUM TIMES reported how a group of voters, under the aegis of Concerned Kogi Youth and Women, submitted the petition for Mrs Akpoti-Uduaghan's recall as a senator.
In a letter addressed to INEC chairperson, Mahmood Yakubu, members of the group said they had lost confidence in her representation at the National Assembly and, therefore, asked the commission to commence the process of recalling her.
Last week, INEC wrote the presiding officers of the Senate and Mrs Akpoti-Uduaghan, informing them of the process.
Many Nigerians had questioned the petition after the promoters claimed that over half of the 400,000 plus voters in the constituency signed the petition.
INEC, as part of the process, was expected to verify each of the over 200,000 signatories.
Legal framework for recall
Section 69 of the Constitution 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.
INEC's Recall Process
The commission had explained that once a petition meets the requirements of submission, as contained in its regulations, it will commence the verification of the signatures in each polling unit in an open process restricted to registered voters that signed the petition only.
It said the petitioners, the elected official whose recall is sought, interested observers and the media can also nominate agents who will be accredited to observe the verification process.
"At each Polling Unit, signatories to the petition shall be verified using the Bimodal Voter Accreditation System (BVAS).
"Consequently, if the petitioners fully comply with the requirements of clause 1(f) of the regulations and guidelines regarding the submission of their petition, the commission will announce the next steps in line with the extant laws, regulations and guidelines. In the absence of a definite contact address, the commission is making efforts to use other means to notify the representatives of the petitioners of the situation " INEC said.
Akpoti-Uduaghan's ordeal
The Senate, on 6 March, suspended Mrs Akpoti-Uduaghan, a member of the Peoples Democratic Party (PDP), for six months following the recommendations of its ethics, privileges and public petitions committee.
The decision of the upper chamber followed her alleged misconduct during the plenary session of 20 February and her refusal to adhere to its sitting arrangement.
It imposed several penalties on Mrs Akpoti-Uduaghan, including withdrawing all her security aides and closing her office in the National Assembly.
She was also asked to hand over all properties of the Senate in her possession to the Clerk to the National Assembly, while she was also prohibited from entering the premises of the federal legislature during the period of suspension.
The Senate also suspended her salary and allowances and banned her from presenting herself as a senator locally and internationally.
The upper chamber, however, said it may consider recalling her if she submits a written apology.
Mrs Akpoti-Uduaghan alleged that she was being persecuted for accusing the Senate President, Godswill Akpabio, of sexual harassment.
Mr Akpabio has denied the allegations though the Kogi senator has maintained her claims.
She initially submitted a sexual harassment petition against Mr Akpabio to the Senate but it 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 11 March, Mrs Akpoti-Uduaghan externalised her case by taking it to the Inter-Parliamentary Union (IPU) at the United Nations headquarters in New York.
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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.
Earlier in the month, PREMIUM TIMES reported that some Kogi Central constituents condemned Mrs Akpoti-Uduaghan's suspension from the upper chamber.
The constituents expressed displeasure with the possibility of not being represented in the Senate for six months.
Past failed processes
Recalling legislators is one of the rights conferred on of members of senatorial districts and constituencies to hold them accountable.
However, there has not been a single case of successful recall since 1999 when democracy was restored in the country.
No fewer than six attempts to recall federal lawmakers have failed in the last 26 years of the nation's democracy.
In 2016, some constituents in Borno South Senatorial District attempted to recall their senator, Ali Ndume, citing poor representation and insensitivity to their plight. It did not, however, succeed because it was resisted by the senator's loyalists. Subsequently, the matter died naturally.
In 2018, the attempt to recall the former senator for Kogi West, Dino Melaye, failed following a low turnout for the verification of signatures of petitioners.
At the end of the exercise, only 18,742 out of 189,870 signatories to the recall petition at the time could be verified by the commission hence the process could not continue.
There were moves to also recall other lawmakers, including Farouk Lawan, Abdulmumin Jibrin, Datti Mohammed, and Chris Ngige, but all did not advance for one reason or the other.
