Reported by Weng Patrick Atokor l Journalist at Weng Global
The reported move by some constituents in Osun East to seek the recall of Senator Francis Adenigba Fadahunsi has brought attention to one of Nigeria’s least-used democratic mechanisms: the constitutional process for removing an elected federal legislator before the end of a term.
Some constituents have reportedly called for Fadahunsi’s recall following controversy over comments attributed to him during the 2026 Osun State governorship election period. Fadahunsi has denied that his comments were intended to incite violence and later apologised for the controversy surrounding his remarks.
But a recall threat is not, by itself, a recall.
Under Nigeria’s Constitution, removing a senator through recall involves a formal process led by the Independent National Electoral Commission (INEC), beginning with a petition supported by more than half of the registered voters in the senator’s constituency and potentially ending with a referendum.
The process is therefore considerably more demanding than organising a protest, issuing a public statement or announcing an intention to recall an elected representative.
What Is a Recall?
A recall is a constitutional mechanism through which voters can seek to remove an elected member of the National Assembly or a State House of Assembly before the expiration of the member’s term.
For a senator, the relevant constitutional provision is Section 69 of the 1999 Constitution, which provides the conditions under which a member of the Senate or House of Representatives may be recalled.
The provision is based on a loss-of-confidence petition by registered voters in the member’s constituency.
This means that the recall process is not controlled by the Senate itself or by the senator’s political party.
INEC plays the central electoral role.
Who Can Start the Recall Process?
The process begins with voters in the affected constituency.
For a senator, the relevant constituency is the senatorial district represented by that senator.
Section 69 requires a petition alleging loss of confidence in the senator to be signed by more than one-half of the persons registered to vote in the constituency.
The petition must be presented to the Chairman of INEC.
This threshold is important.
It means that a group of protesters, political opponents or community leaders cannot simply decide that a senator has been recalled.
They can initiate a campaign for recall, but the constitutional threshold must still be met.
Step One: Petition to INEC
The first formal stage is the presentation of the recall petition to INEC.
Under INEC’s current recall regulations, representatives of the petitioners present the petition to the Commission.
The petition must contain the signatures or thumbprints of more than half of the registered voters in the affected constituency.
INEC’s guidelines require the names, Voter Identification Numbers and signatures of petitioners to be organised according to polling units.
The petition therefore has to meet specific administrative requirements.
It is not enough for supporters of a recall campaign to simply produce a list of people who say they want the senator removed.
The signatures have to be subjected to the electoral verification process.
Step Two: INEC Checks the Petition
After receiving the petition, INEC is required to determine whether it meets the constitutional threshold.
The Commission checks whether the petition has been signed by more than half of the registered voters in the constituency.
INEC’s guidelines also provide for notification of the affected legislator and publication of information concerning the verification process.
If the petition does not meet the required threshold, the process cannot proceed to the next stage.
This is one of the first major hurdles facing any recall campaign.
Step Three: Verification of Signatures
Where the petition appears to satisfy the required threshold, INEC proceeds with verification.
The Commission’s guidelines provide for verification at polling-unit level within the constituency.
The purpose is to establish whether the people listed as petitioners are genuine registered voters and whether the signatures or thumbprints supporting the petition are valid.
This stage is crucial because the recall process is based on the support of registered voters, not simply the number of people who attend a demonstration or publicly support the campaign.
INEC has explained that if the required number of petitioners cannot be verified, the petition is dismissed and the process does not proceed to a referendum.
Step Four: Referendum
If the petition successfully passes verification, the process moves to a referendum.
A referendum is a direct vote by constituents on whether the elected representative should be recalled.
Section 69 of the Constitution provides that INEC must conduct the referendum within 90 days of receiving the petition, subject to the constitutional requirements for the recall process.
This is the stage at which registered voters ultimately decide whether the senator should lose the mandate given to him at the election.
The existence of a petition therefore does not automatically remove a senator.
The voters still have to determine the outcome through the referendum.
What Majority Is Required?
The referendum does not require every registered voter in the senatorial district to vote.
The constitutional test is whether the recall proposal is approved by a simple majority of the votes cast in the referendum, as provided by Section 69.
INEC also explains that the referendum is decided by the majority of voters who participate in the vote.
This distinction is important.
The initial petition requires support from more than half of all registered voters in the constituency.
The referendum, however, is decided by the votes cast, with a simple majority determining the outcome.
What Happens If the Referendum Supports Recall?
If the referendum produces the required majority in favour of recall, the process moves to its final constitutional stage.
INEC issues a certificate confirming that the recall requirements have been satisfied.
That certificate is then transmitted to the appropriate presiding officer of the legislature.
For a senator, that means the President of the Senate.
INEC’s published guidance states that the Chairman of the Commission sends the certificate of recall to the relevant presiding officer to give effect to the recall.
The senator would therefore lose the seat through the constitutional recall mechanism rather than through a decision by political opponents or the Senate leadership alone.
What If the Referendum Rejects the Recall?
If the referendum does not produce the required majority for recall, the senator remains in office.
In other words, the recall campaign can reach the referendum stage and still fail.
This is another reason why announcing a recall campaign should not be confused with actually removing a legislator.
There are several stages at which a recall effort can stop:
- The petition may fail to meet the required threshold.
- The signatures may fail verification.
- The referendum may reject the recall.
Only a successful completion of the constitutional process results in the senator losing the seat through recall.
What Does This Mean for Fadahunsi?
The controversy surrounding Senator Fadahunsi is therefore only the beginning of any potential recall process.
Reports of a recall campaign in Osun East indicate political opposition to the senator among some constituents, but opposition alone does not constitute a successful recall.
For Fadahunsi to actually lose his Senate seat through recall, the constitutional requirements must be satisfied.
That would require a petition supported by more than half of the registered voters in Osun East, successful verification by INEC and a referendum in which the recall proposal receives the required majority.
The senator would have opportunities to respond to the allegations and the recall campaign during the political and electoral process.
Fadahunsi has already disputed the interpretation of the controversial remarks that triggered criticism and has apologised for the controversy surrounding them.
The recall question, however, would ultimately be determined through the constitutional process rather than solely through media reports, political statements or public demonstrations.
Can a Political Party Recall a Senator?
A political party cannot itself recall a senator.
The constitutional mechanism belongs to the electorate.
Political parties can support, oppose or campaign around a recall effort, but the formal petition must come from registered voters in the affected constituency and must satisfy the requirements administered by INEC.
This distinction matters in Nigeria’s political system because a senator’s relationship with a political party is different from the senator’s constitutional mandate as an elected representative.
A party may discipline a member or withdraw political support under its own rules, but that is not the same thing as constitutionally recalling the senator from the National Assembly.
Does the Senate Decide Whether Fadahunsi Is Recalled?
Not in the initial stages.
The constitutional process places the petition, verification and referendum responsibilities with INEC.
The Senate becomes relevant after a successful recall process, when the appropriate certificate is transmitted to the President of the Senate for the recall to take effect.
This means that a political debate inside the Senate cannot substitute for the recall procedure established by the Constitution.
Why Recall Is Difficult
Nigeria’s recall mechanism has a deliberately high threshold.
Requiring more than half of registered voters to sign a petition makes it difficult for a relatively small political group to trigger the process.
The subsequent verification stage provides another safeguard against fraudulent or invalid signatures.
Finally, voters have the opportunity to decide the matter directly through a referendum.
The result is a process involving multiple layers of public participation and electoral verification.
The high threshold is intended to ensure that recall represents substantial loss of confidence among constituents rather than a temporary political disagreement.
The Guardian has reported that previous attempts to recall Nigerian legislators have failed, illustrating how difficult it has been to complete the process successfully.
Recall Is Different From Impeachment
Another important distinction is between recall and impeachment.
Recall is a voter-driven process for legislators.
Impeachment, by contrast, is a constitutional removal mechanism involving the legislature and applies to certain executive officeholders under specified circumstances.
A senator is therefore not impeached in the same manner as a governor or president.
For a senator, the constitutional recall mechanism is the relevant voter-led process.
What Happens Next in Osun East?
The next significant development would be the formal presentation of any recall petition to INEC.
If such a petition is submitted, the Commission would have to determine whether it meets the required threshold and then conduct the prescribed verification process.
If verification succeeds, the process could advance to a referendum.
Until those formal steps occur, the reported recall campaign should be understood as a political demand rather than a completed recall procedure.
For constituents, the key issue will be whether the campaign can obtain the extraordinary level of support required by the Constitution.
For Fadahunsi, the controversy could therefore develop into a significant test of voter confidence in his representation of Osun East.
The Bigger Democratic Question
The Fadahunsi controversy also highlights the purpose of recall provisions in a democratic system.
Elections give citizens the power to choose representatives, but recall provides a limited mechanism through which voters can challenge a representative’s continued mandate before the next general election.
At the same time, the high threshold protects elected officials from being removed simply because of temporary political disagreements.
The balance is therefore between accountability and stability.
In the Fadahunsi case, the allegations surrounding his comments, his subsequent response and the competing views of constituents have created a political dispute.
Whether that dispute develops into an actual recall will depend not on the intensity of the public debate alone, but on whether the constitutional requirements can be met.
For now, the most important point for voters is simple: a recall threat is not a recall, and a recall petition is not the same as removal from office.
Only the completion of the constitutionally prescribed process can end a senator’s mandate through recall.
Weng Global – Stories beyond borders
Sources
- Independent National Electoral Commission (INEC) — Regulations and Guidelines for the Recall of a Member of the National Assembly, House of Assembly of a State or Area Council of the Federal Capital Territory.
- INEC — Frequently Asked Questions on the recall process.
- Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 69 — Recall of members of the National Assembly.
- The Guardian Nigeria — Background on Nigeria’s recall process and previous attempts.
- TheCable — Reporting on the move by constituents concerning Senator Francis Fadahunsi.