Section 110 and 111 of the 1999 Constitution: Recalling and Salary of Members of the State House of Assembly

Recall

The 1999 Constitution

Section 110

A member of the House of Assembly may be recalled as such a member if:

(This section explains the process of recalling a member of the House of Assembly. If the following steps are carried out, the member of the House of Assembly must vacate office and ceases to be a member of the House.)


Section 110 (a)

there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that members’s constituency alleging their loss of confidence in that member; and

(This section states that the recall process is initiated by the voters, i.e., the masses. A person is voted into the House of Assembly to represent a particular constituency. Thus, more than half of the registered voters in such member’s constituency can begin the recall process by signing a petition stating that they have lost confidence in that member. After obtaining the required signature (1/2 of the voters), this petition is then submitted to the Chairman of the INEC. )


Section 110 (b)

the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.

(What this means is that after the INEC receives the petition, the INEC calls on all the registered voters in such members constituency to vote on the Petition. This must be done within 90 days after the receiving the Petition. The recall process is successfully completed, where more than 50% of the registered voters vote in favor of the Petition. Therefore, in a constituency with 100 registered voters, if 51 people vote in favor of the petition and 49 votes against the petition, a simple majority has occurred and the Petition will stand.)


Section 111

A member of the House of Assembly shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine.

(This means that the salary and other allowances of every member of the State House of Assembly are fixed by this Commission.)

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