Critical Analysis of the Legal Framework for Power of Electorate to Recall Representatives in Nigeria

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Authors: Emmanuel Olabanji Tokun, Simeon Olaosebikan Oni
Cited by: 0

Abstract

One of the most important powers that an electorate may exercise is recalling elected representatives. It is based on democratic governance that allows or gives citizens the opportunity to hold public officials accountable and responsive. The entitlement ensures that representatives perform their mandates in accordance with the will of the electorate and ensures that office is neither abused nor underperformed. However, even though resting on constitutional provisions, the practical implementation of recall laws often faces significant challenges that hinder their effectiveness. This study critically explores the extant legal framework relating to the recall of elected representatives with particular references to Nigeria. It discusses how provisions in sections 69 and 110 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) governing the process will be reviewed from the provisions up to the reality on the ground. These factors point out procedural complexity, low public awareness, inefficiencies in bureaucratic functions, interference of politics, and judicial delay as the key challenges that dent the effectiveness of the recall mechanisms. To provide a broader perspective, the paper draws comparisons with recall practices in other jurisdictions, such as the United States, which successfully uses this process, and the United Kingdom that uses alternative measures of accountability control. Within the comparative analysis, the study would proffer some possible reforms for Nigeria's recall system that could include: simplification of procedure, increase in public awareness of the process and the role to be played within the framework, institutional framework, and judicial integrity towards recall disputes

Fields of Study & Subjects

African Education and Politics Legal Issues in South Africa Legal Language and Interpretation

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
1 January 2026
Language
EN