Legal basis for direct democracy at the national level

Constitution of the Federal Republic of Nigeria 1999

(Adopted in 1999, last amended in 2011)

http://www.chr.up.ac.za/chr_old/indigenous/documents/Nigeria/Legislation/Constitution%20of%20Nigeria.pdf

Electoral Act

(Enacted in 2010)

http://placng.org/Electoral%20Act%202010-%20as%20Gazetted.pdf

Article 8 (Mandatory Referendum)

1 An Act of the National Assembly for thepurpose of creating a new State shall only be passed if-

b) a proposal for the creation of the State is thereafter approved in areferendum by at least two-thirds majority of the people of the area where thedemand for creation of the State originated;

(c) the result of the referendum is then approved by a simple majorityof all the States of the Federation supported by a simple majority of membersof the Houses of Assembly;

3 A bill for a Law of a House of Assembly for the purposeof creating a new local government area shall only be passed if -  

(b) a proposal for the creation of the localgovernment area is thereafter approved in a referendum by at least two-thirdsmajority of the people of the local government area where the demand for theproposed local government area originated;

(c) the result of the referendum is thenapproved by a simple majority of the members in each local government councilin a majority of all the local government councils in the State; and

Article 69 (Recall)

A memberof the Senate or of the House Representatives may be recalled as such a memberif -

(a) thereis presented to the Chairman of the Independent National Electoral Commission apetition in that behalf signed by more than one-half of the persons registeredto vote in that member's constituency alleging their loss of confidence in thatmember; and

(b) thepetition is thereafter, in a referendum conducted by the Independent NationalElectoral Commission within ninety days of the date of receipt of the petition,approved by a simple majority of the votes of the persons registered to vote inthat member's constituency.

Article 110 (Recall)

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

(a) thereis presented to the Chairman of the Independent National Electoral Commission apetition in that behalf signed by more than one-half of the persons registeredto vote in that members's constituency alleging their loss of confidence inthat member; and

(b) thepetition is thereafter, in a referendum conducted by the Independent NationalElectoral Commission within ninety days of the date of the receipt of thepetition, approved by a simple majority of the votes of the persons registeredto vote in that member's constituency.

Electoral Act (2010)

http://placng.org/Electoral%20Act%202010-%20as%20Gazetted.pdf

Article 116 (Recall)

A member of an Area Council maybe recalled as a member if-

(a) there is presented to theChairman of the Commission a petition in that behalf signed by not less thanone-half of the persons registered to vote in that member’s constituencyalleging their loss of confidence in that member and which signatures areduly verified by the Independent National Electoral Commission;and

(b) the petition is thereafterapproved in a referendum conducted by the Commission within 90 days of the date of thereceipt of the petition by a simple majority of the votes of the persons registered to votein that member’s constituency.