Introduction

Flowing from the crisis which led to the suspension of Senator Natasha Akpoti-Uduaghan from the Senate for six months, there have been conversations around recalling the Senator with submission of the petition to the Independent National Electoral Commission (INEC) done on 24th March 2025 at it Headquarters, Abuja.

Unlike executives who the legislature can impeach, the only constitutional means of removing a National Assembly or state legislature member in Nigeria is through the recall process. Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria outline the recall procedures for members of the Senate, House of Representatives, and State Houses of Assembly.

Recall serves as an accountability mechanism for legislators. However, unlike impeachment for executives or removal of judges—both of which require proof of gross misconduct—the sole basis for initiating a recall under the Constitution is a loss of confidence by the member’s constituents. Although the recall process is a tool for democratic accountability, it has not been successfully executed in Nigeria due to several factors, including legal hurdles, political interference, and the high threshold required for its completion. As a result, legislators often serve their full terms without facing the risk of removal, even when public confidence in their representation has significantly declined.

The Recall Process

Under the Constitution, the process to recall a Senator, Member of the House of Representatives, or House of Assembly begins with submitting a petition to the Chairman of the Independent National Electoral Commission (INEC). This petition must be signed by more than half of the registered voters in the relevant constituency. According to INEC’s Regulations and Guidelines for the Recall of a Member of the National Assembly, House of Assembly, or Area Council of the FCT, a thumbprint may be used in place of a signature. 

Once INEC receives the petition, it notifies the affected member and verifies whether the required majority of registered voters has signed it. If confirmed, INEC schedules a verification exercise, which takes place at polling units within the constituency using the Register of Petitioners and the Bimodal Voter Accreditation System (BVAS).

If verification confirms that more than half of the registered voters signed the petition, INEC must conduct a referendum within 90 days of receiving the petition. The recall is approved if a majority of the constituency’s registered voters approve it.

For Senator Akpoti-Uduaghan to be successfully recalled, at least 50% plus one of the total registered voters in Kogi Central Senatorial District must sign the recall petition. According to INEC data, Kogi Central comprises five Local Government Areas: Adavi, Ajaokuta, Okehi, Okene, and Ogori-Magongo, with a total of 474,554 registered voters. This means a minimum of 237,278 registered voters would need to sign the petition for the recall process to proceed.

Conclusion

While constitutionally enshrined as a mechanism for holding legislators accountable, the recall process remains a highly challenging and rarely successful endeavour in Nigeria. In an environment where the electoral process faces interference, the recall process can also be used as a tool of coercion. The ongoing attempt to recall Senator Natasha Akpoti-Uduaghan reinforces both the significance and the difficulties associated with this democratic tool. Given the stringent requirements, the recall effort in Kogi Central will serve as a critical test of the feasibility of legislative recalls in Nigeria’s political landscape. Whether or not the recall succeeds, it brings renewed attention to legislative accountability and voter agency in Nigeria.