INEC guidelines on recall of legislators

IN exercise of the powers conferred on it by Section 4 of the Independent National Electoral Commission Act 1998 and of all other powers enabling it in that behalf, the Independent National Electoral Commission (in these Guidelines referred to as "the Commission") hereby issues the following Guidelines for the recall of a member of the National Assembly or House of Assembly of a State and procedure for the conduct of a referendum for recall.

PART 1

1.
(1) A petition for recall shall present the signatories arranged according to Polling Units, Ward, Local Government and Constituency.

(2) On receipt of a petition by the Chairman of the Commission for the recall of a member of the National Assembly or House of Assembly of a State by more than one-half of the persons registered to vote in that member's Constituency alleging their loss of confidence in that member, the Commission shall within 90 days:

(a) cross-check that the signatories appear on the authenticated Votes' Register; and if satisfied,

(b) conduct a referendum.

2. The Commission shall, soon after the receipt of the petition:

(1) notify the member sought to be recalled, stating the facts of the receipt of the petition for the recall of the member; and

(2) issue a public notice or announcement stating the days, time and location of cross-checking.

3. (1) The cross-checking shall be carried out at such centres as may be designated by the Commission within the constituency.

4. The power of control and supervision of cross-checking signatories to a petition for recall shall be vested in the Commission and any rules, regulations, circulars, manuals, directives and instructions given by the Commission regarding the cross-checking of petitions for recall shall be binding.

5. The Commission shall:

(a) cross-check which of the names of the signatories to the petition appear on the authentic Voters' Register; and

(b) enter the result of the cross-checking in the appropriate Form.

6. The Commission shall:

(a) if satisfied that more than one-half of the persons registered to vote in that member's Constituency endorsed the petition, conduct a referendum for the recall of the member; or

(b) where the outcome of the cross-checking shows that less than one-half of the persons registered to vote in that member's Constituency endorsed the petition, decline to conduct a referendum for the recall of the member.

PART II

7. The Commission shall, if satisfied that more than one-half of the persons registered to vote in that member's Constituency endorsed the petition, issue a public notice stating the days, time and location of referendum.

8.

(1) The referendum shall be carried out at the same time throughout the Constituency and at such centres as may be designated by the Commission.

(2) On no account shall referendum centres be located in private premises, churches, mosques or other religious places, palaces of traditional rulers, military or police barracks, club houses or Political Party offices.

9. The power of control and supervision of a referendum for the recall of a member shall be vested in the Commission and any rules, regulations, circulars, manuals, directives and instructions given by the Commission regarding the referendum shall be binding.

10. A person shall be qualified to vote at a referendum if he is registered as a voter in the Constituency where he intends to vote and has presented a voter's card at the centre on the day of the referendum.

11.

(1) Voting shall be by open secret ballot and in accordance with the procedure specified in these Guidelines.

(2) Voting shall take place at the designated referendum centres on the same day between the hours of 8.00 a.m. and 2.00 p.m. throughout the Constituency.

12.

(1) A member sought to be recalled may by a notice in writing signed by him and addressed to the Resident Electoral Commissioner appoint one person who must be a registered voter in that Constituency (in these Guidelines referred to as "Polling Agent") to attend at each referendum centre in the Constituency at which referendum is to be conducted, and the notice shall set out the name and address of the Polling Agent and to be given by the member to the Resident Electoral Commissioner not later than 7 days before the date fixed for the cross-checking or referendum.

(2) Notwithstanding the requirement of sub-paragraph (1) of this paragraph, a member shall not be precluded from doing any act or thing which he has appointed a Polling Agent to do on his behalf in these Guidelines.

(3) The Petitioners or their representatives may by a notice addressed to the Resident Electoral Commissioner appoint a Polling Agent who must be a registered voter in the Constituency at each referendum centre in the Constituency at which cross-checking or referendum is to be conducted. The notice shall set out the name and address of the Polling Agent and be given by leader of the Petitioners to the Resident Electoral Commissioner not later than 7 days before the date fixed for the cross-checking or referendum.

13.

(1) At the hour fixed for opening of the poll, before the commencement of voting, the Presiding Officer shall open the empty ballot box and show same to such persons as may be lawfully present at the referendum centre and shall then close and seal the box in such a manner as to prevent its being opened by an unauthorised person.

(2) The ballot box shall then be placed on a table in full view of all present, and be so maintained until the close of poll.

14. The Presiding Officer may, and shall if required by the member or a Polling Agent at the time of a voter's application for a referendum ballot paper but not afterwards, put to the voter the following questions:

(a) "What is your name and where do you live?"; and

(b) "Have you already voted at the present referendum at this or any other referendum centre?"

15. Every person intending to vote shall present himself to a Presiding Officer at the referendum centre in the Constituency in which his name is registered as being entitled to vote. Where a voter produces his voter's card, the Presiding Officer shall:

(a) record the attendance of the voter in a register specifically kept for that purpose;

(b) issue the voter with a ballot paper;

(c) stamp the voter's card with the official mark of the referendum centre; and

(d) sign his name at the back of the voter's card.

PROVIDED that where a person claims that his name is in the Register of Voters for the referendum centre and that his voter's card is missing or has been destroyed, the Presiding Officer shall allow the person to vote if:

(i) the name of the person is found in the register of voters for the referendum centre or unit;

(ii) he has satisfied himself that the person is not impersonating any other person; and

(iii) he has satisfied himself that the person has not voted at that particular referendum.

16. The Presiding Officer shall separate the queue between men and women if in that area of the country the culture does not encourage men and women in the same queue.

17.

(1) Voting at the referendum shall be by open secret ballot.

(2) A voter on receiving a referendum ballot paper shall:

(a) proceed forthwith to the voting compartment where ink pad is provided and make his thumb imperssion on the blank space provided for this purpose on the referendum ballot paper; and

(b) come out from the compartment and, in the full view of the Presiding Officer and all others present:

(i) deposit the referendum ballot in the ballot box; and

(ii) have the space between a finger nail and the flesh of the finger marked with indelible ink.

18.

(1) No voter shall record more than one vote at a referendum under these Guidelines.

(2) If the votes cast at a referendum in any Constituency or unit exceed the number of registered voters in that Constituency or unit, the referendum for that Constituency or unit, shall be declared null and void and another referendum conducted at a date to be fixed by the Commission.

(3) Notwithstanding the provisions of sub-paragraphs (1) and (2) of this paragraph, the Commission may, if staffed that the result of the referendum will not be affected by voting in the area where the referendum is cancelled, direct that a declaration of the result of the referendum be made.

19. A voter shall not place on the referendum ballot paper any writing or mark by which he may be identified so however than any print resulting from the staining of the thumb of the voter in the voting compartment shall not be or be deemed to be a mark of identification under these Guidelines.

20. A voter who by accident spoils his referendum ballot paper shall deliver it to the Presiding Officer and if the Presiding Officer is satisfied that the referendum ballot paper is spoilt, he shall issue another referendum ballot appear to the voter and the spilt referendum ballot paper to the voter and the spoilt referendum ballot paper shall be immediately marked "cancelled" by the Presiding Officer.

21. A voter who is blind or who suffers any physical disability may be accompanied to the referendum centre by another person chosen by him to asist him cast his vote and the Presiding Officer shall permit such a person to assist the voter.

22. No voter shall vote otherwise than by personally attending at the referendum centre and in accordance with these Guidelines.

23.

(1) No person shall be permitted to vote at any referendum centre or unit other than the one at which he is registered.

(2) The Presiding Officer shall regulate the admission of voters to the referendum centre and shall exclude all other persons except the member, Polling Agents and any other person who in his opinion has lawful reason to be admitted.

24. The Presiding Officer shall, at the close of poll:

(a) count the votes in the presence of those present;

(b) enter the YES/NO scores in Form RF 001, sign the form and request the agents to sign;

(c) announce loudly the number of votes counted; and

(d) give copies of Form RF001 to the polling agents and the police if available and take the original to the Ward Collation Officer.

25. The Ward Coalition Officer shall:

(a) take delivery of all Forms RF 001 from the Presiding Officers;

(b) collate the votes entered in Form RF 001 using Form RF 002;

(c) enter the votes in both words and figures in the appropriate space in Form RF 002, sign the form and request the agents to sign;

(d) give a copy of Form RF002 to the polling agents and the police if available at the Ward Collation Centre;

(e) take the originals of Form RF 001 and RF 002 to the Local Government Area Collation Officer for the Constituency.

26. The Local Government/Area Council Collation Officer, in the case of Constituency made up of not more than one Local Government Area or Area Council, shall:

(a) take delivery of all original Forms RF 002 from the Ward Collation Officers together with other election materials pertaining to the referendum;

(b) collate the result of the referendum by entering the scores in the original Form RF 002 into Form RF 003 in words and figures, sign the Form and request the polling agents to sign;

(c) cross-check the figures in Form RF 003, announce loudly the scores and distribute copies of the Form to the polling agents and the police if available at the Collation Centre;

(d) enter the score into the Declaration of Result Form RF 005 for the referendum.

27. The Collation Officer shall serve as the Returning Officer and declare the result of the referendum.

28. The Local Government/Area Council Collation Officer, in the case of a Constituency made up of more than one Local Government Area or Area Council, shall:

(a) take delivery of all original Forms RF. 002 from the Ward Collation Officers together with other election materials pertaining to the referendum;

(b) collate result of the referendum by entering the votes in the original Form RF 002 into Form RF 003 in words and figures, sign the Form and request the polling agents to sign;

(c) cross-check the figures in Form RF 003, announce loudly the scores and distributes copies of the Form to the polling agents and the police if available at the Collation Centre;

(d) take the original Form RF 003 to the designated Collation Centre for the Constituency where he shall hand over same to the Returning Officer for the Constituency together with other materials relating to the referendum.

29. The Returning Officer, in the case of a Constituency with more than one Local Government Area shall:

(a) collate the scores in the original Forms RF 003 into Form RF 004;

(b) enter the votes in both words and figures in the appropriate spaces in Form RF 004;

(c) cross-check the figures in Form RF 004, sign the Form, ask the polling agent to sign and distribute copies of Form RF 004 to the polling agents and police if available at the Collation Centre;

(d) enter the scores in the Declaration of Result Form RF 005; and

(e) declare the result of the referendum. The member stands recalled by a simple majority of YES votes of the registered voters in the Constituency.

30. Where in these guidelines an act or a thing is allowed to be done by or in the presence of a Polling Agent, the non-attendance of a Polling Agent at the time and place appointed for the act or thing or refusal by a Polling Agent to do the act or thing shall not, if the act or thing is otherwise done properly, invalidate the process of cross-checking and referendum.

On receipt of a petition by the Chairman of the Commission for the recall of a member of the National Assembly or House of Assembly of a State by more than one-half of the persons registered to vote in that member's Constituency alleging their loss of confidence in that member, the Commission shall within 90 days:

(a) cross-check that the signatories appear on the authenticated Votes' Register; and if satisfied,

(b) conduct a referendum.

Where in these guidelines an act or a thing is allowed to be done by or in the presence of a Polling Agent, the non-attendance of a Polling Agent at the time and place appointed for the act or thing or refusal by a Polling Agent to do the act or thing shall not, if the act or thing is otherwise done properly, invalidate the process of cross-checking and referendum.