THE RECALL OF LEGISLATORS AND QUEST FOR SUSTAINABLE DEMOCRACY IN NIGERIA

Abstract

Section 14(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 declares unequivocally that sovereignty belongs to the people from whom the government through the Constitution derives all its powers and authority. The sovereign authority of the people includes the power of the people to freely choose their representatives in the legislative arm of government; the people make this crucial choice through periodic elections and sometimes through by-elections. Recall is the democratic device or process through which the people revoke the mandate of an elected legislator if they (the people particularly the registered voters of the legislator’s constituency) become dissatisfied with his (the legislator’s) performance. This research is an inquiry into the recall of legislators and the quest for sustainable democracy in Nigeria. It is noted that there is a nexus between the people’s power to recall their legislators/lawmakers and the quest for sustainable democracy; accordingly, an efficient and effective legislature is one of the bastions of true democracy. The question now is how can the electorates in Nigeria be effectively protected from the inefficiencies, misdeeds and frailties of their lawmakers? In the course of this inquiry, it is the researchers’ finding that enthroning and sustaining/nurturing true democracy in Nigeria requires inter alia, strengthening and improving the legal structure for the recall of legislators in Nigeria. It is recommended, among other things, that the recall process should be made achievable for the people and that the Court of Law being one of the strong pillars of democracy should be the appropriate avenue/venue for recall exercises to be challenged/questioned in appropriate circumstances given the principle of judicial review.