WHY CALLS FOR RECALLS WON’T GO AWAY SOON
Poor representation and placement of personal interest against that of the electorate are threatening federal legislators, Daily Trust findings have revealed.
From June 2015 when the 8th National Assembly was inaugurated, many cases of recall threats involving the lawmakers were recorded at both chambers. Those caught in the web of the recall threats include the Senate President, Senator Bukola Saraki(APC, Kwara), his deputy, Senator Ike Ekweremadu (PDP, Enugu), Deputy Speaker of the House of Representatives, Yusuf Lasun (APC, Osun), Senator Dino Melaye (APC, Kogi), Senator Sunny Ogbuoji (PDP, Ebonyi), Senator Suleiman Hunkuyi (APC, Kaduna) and Rep Abdulmumin Jibrin Kofa (APC, Kano).
While the threats to recall Ekweremadu and Lasun were issued by a coalition of youth groups over the ‘Not too young to run bill’, the rest had theirs from their constituents. Of all, that of Melaye has gone far, except for the court cases hindering it, though the recall process is still in progress.
The reported removal of the bill by the Ekweremadu/Lasun-led committee made the coalition in a statement by its coordinator, Ibrahim Faruk, to issue the threat. Apparently because of the pressure, the bill was later included in the proposed amendment to the constitution. It was among the bills that got the nod of the federal lawmakers.
However, with the rejection of devolution of powers, otherwise known as restructuring, many lawmakers from the South may soon face recall threats. Feelers from the southwest, southeast and south-south geopolitical zones indicate that proponents of restructuring are now after their lawmakers.
Abdulmumini Jibril Kofa, the suspended member of the House of Representatives is currently facing a recall threat from his constituents. Kofa, a representative of Kiru/ Bebeji Federal Constituency, is not finding things easy with his constituents for allegedly disrespecting President Muhammadu Buhari and the party leadership at both national and state levels. Hundreds of his constituents recently converged at Dakatsalle in Bebeji LGA to strategise for his recall process. One of the organisers, Malam Salele Bushasha, said: “Kofa has no concern whatsoever for his constituents. He was suspended from the National Assembly but instead of him to reconcile with the leadership of the House, he left our sit at the lower chamber vacant. Based on these and many other reasons too numerous to mention, we have compiled all the necessary documents for onward presentation to INEC on the 30th of this month to kick-start start the process,” he said.
Constitutional requirements for recall
Procedures for the recall of a lawmaker are stipulated in the 1999 Constitution. Section 69 provides 10 clear but tortuous steps on how a lawmaker can be recalled from the National Assembly. For its part, Section 4 of the Independent National Electoral Commission (INEC) Act 1998 provides explicit guidelines for the recall of a member of the National Assembly or State House of Assembly.
Despite the provisions in the constitution and increasing moves by Nigerians to experiment the law, no lawmaker has however been recalled since the return of the country to civil rule in 1999.
Why no recall has materialized
A cross section of Nigerians interviewed advocated for the amendment of Section 69 of the constitution to relax the stringent procedures.
A lecturer in the Faculty of Law, Bayero University, Kano, Barrister Audu Bulama Bukarti, called for the amendment of Section 69 to review the recall process. He said many lawmakers have stopped going to their constituencies, thus don’t know their needs and aspirations.
‘’It is true that no lawmaker has been successfully recalled since 1999. This is not because lawmakers have religiously represented their constituents. It is not because constituents are satisfied with the performance of their representatives. It is not because these representatives have measured up to expectation. Far from this! On the contrary, many constituents are completely disappointed with the way they are being represented.
‘’This is why some lawmakers are booed and pelted when they go visiting. Some even stay permanently in Abuja. Some of them don’t even represent their families. They only represent their interests which are mostly financial and political,’’ he said.
Little awareness on right to recall
Bukarti said there is little public knowledge on the constitutional duties of the legislature as people do not have information on the performance of those representing them in Abuja. They equally know little or nothing about the recall procedure.
‘’The constitutional provisions relating to recall are too stringent, too cumbersome. There is need for us to take a second look at our constitution on this issue. Similarly, Nigerians need to be enlightened on the duties of their representatives and the procedures for recalling them,’’ he said.
The Executive Director of Civil Society Legislative Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, said the threats were parts of the democratic process.
“It’s part of the democratic rights of the citizens. Once they elect somebody and they feel the person doesn’t meet their aspirations in terms of legislative accountability, conduct, performance, they have the right to express their views.
“The reason why you have that is because it is democracy, so the people have that right. Your conduct as a lawmaker matters to your constituents. Be that as it may, they have to meet certain conditions in recalling the representative. It is a legitimate process,” he said.
Rafsanjani added that there has not been much awareness about the rights of the electorate as regards the recall process, saying, “The belief is that the electorate can’t recall their representatives. Increasingly, a lot of Nigerians are beginning to understand that they have that right.
“That awareness is going on and the lawmakers themselves are beginning to realize it. Once they meet the requirement as enshrined in the Electoral Act, a lawmaker can be recalled. It’s a matter of time, sensitization and orientation of the electorate.
“The same way the person is elected and given certificate, it’s the same way that the person can lose the seat. It is to correct certain legislative rascality among lawmakers.” Very tedious recall process
Reminded that the process is tedious, Rafsanjani said: “Yes, it is a very tedious process, but it is meant for the elected person to take lessons. It is an avenue to sanction, discipline and reform a lawmaker that is not in tune with his legislative responsibilities.
“It is not meant to just recall people at will, that’s why it is tedious. There must be proper legislative representation, accountability and all that. The lawmaker should know that he’s not representing himself. If we understand it from that perspective, mediocre or people who have no experience and capacity won’t be there.”
Asked if he believed the recall process of Melaye was in order, the CISLAC boss said it is the right of the senator’s constituents to recall him if they feel he falls short of their expectations.
“He (Dino) was elected by his constituents who have the right to sanction him and express their views. It’s not about whether he committed a crime to the country but about the interest of his constituents. They have every democratic right to express their satisfaction or otherwise,” he said.
The Director, Centre for Democracy and Development (CDD), Idayat Hassan, noted that since the adoption of the presidential system of government, no legislator has been successfully recalled due to the onerous procedures prescribed in the constitution.
“For instance, there are about 10 stages to be followed to achieve a recall and also it is a collective responsibility between the constituents, INEC and Senate President. Until there is an amendment to the constitution reducing these stages to be followed, it will be difficult to achieve a successful recall,’’ she said.
Contributing to the debate, the Chairman of the Partners for Electoral Reforms (PER) Ezenwa Nwagwu, a lawyer, said though the system could be abused by the so-called elite, especially against political opponents, the cumbersome nature of the recall process is one of the reasons why the legislature is inefficient.
Nwagwu joined Bukarti and Hassan on the call for the amendment of relevant provisions of the law to uphold the rights of the constituencies to recall their representatives.
Bukarti said there is little public knowledge on the constitutional duties of the legislature as people do not have information on the performance of those representing them in Abuja