PROCEDURE FOR RECALL OF A COUNCILLOR IN THE AREA LEGISLATIVE COUNCIL OF THE FEDERAL CAPITAL TERRITORY, OF NIGERIA

Abstract

By Nigeria’s Constitutional arrangement, the Federal Capital Territory is divided into Area Councils. While the National Assembly makes laws for the Federal Capital Territory, each of the five Area Councils has a legislative Council that makes its bylaws. This paper examined the procedure for recall of a member of the legislative Council within “the Area Councils of the Federal Capital Territory Abuja under the Electoral Act, 2022 and the legality of the Regulations and Guidelines for Recall, 2024 made by INEC”. The exhaustive survey determined that no singular provision in the Regulations and Guidelines for Recall, 2024 is in conflict with or falls short of either the constitutional stipulations or electoral legislation on recall of a lawmaker. To improve on the recall process, it was recommended among other things that specific timeline should be set for conclusion of verification of petition upon its submission by constituents to the INEC Chairman.