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Direct Democracy

Nigeria

DD002

Direct Democracy Provisions (National Level)

Question:	Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:	a. Yes
Comments:
Source:	Constitution 1999 (as amended), art. 8, 69, 110: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013); Electoral Act 2010, art. 116: http://www.inecnigeria.org/downloads/?did=5 (2013)
Verified:	2015/03/30

DD003

Mandatory referendums (national level)

Question:	Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:	a. Yes
Comments:	An Act of the National Assembly for the purpose of creating a new State shall only be passed if a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated and the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly. A bill for a Law of a House of Assembly for the purpose of creating a new local government area shall only be passed if a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State.
Source:	Constitution 1999 (as amended), art. 8: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013)
Verified:	2015/03/30

DD004

Optional referendums (national level)

Question:	Are there any Legal Provisions for Optional Referendums at the national level?
Answer:	b. No
Comments:
Source:	Constitution 1999 (as amended): http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013); Electoral Act 2010: http://www.inecnigeria.org/downloads/?did=5 (2013)
Verified:	2015/03/30

DD005

Citizens' Initiatives (national level)

Question:	Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:	b. No
Comments:
Source:	Constitution 1999 (as amended): http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013); Electoral Act 2010: http://www.inecnigeria.org/downloads/?did=5 (2013)
Verified:	2015/03/30

DD006

Agenda Initiatives (national level)

Question:	Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:	b. No
Comments:
Source:	Constitution 1999 (as amended): http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013); Electoral Act 2010: http://www.inecnigeria.org/downloads/?did=5 (2013)
Verified:	2015/03/30

DD007

Question:	Are there any Legal Provisions for Recalls at national level?
Answer:	a. Yes
Comments:	A member of the Senate or of the House Representatives may be recalled as such a member if 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 member's constituency alleging their loss of confidence in that member and the petition is thereafter, in a referendum conducted by the Independent National Electoral 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 in that member's constituency.
Source:	Constitution 1999 (as amended), art. 69: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013)
Verified:	2015/03/30

DD129

Question:	Are the results of referenda always binding, never binding or sometimes binding?
Answer:	c. Never binding
Comments:	The result of the referendum must be approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly.
Source:	Constitution 1999 (as amended), art. 8: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013)
Verified:	2015/03/30

DD130

Question:	Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:	b. Only other issues than constitutional changes
Comments:	Creation of new states or local government areas.
Source:	Constitution 1999 (as amended), art. 8: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013)
Verified:	2015/03/30

DD131

Question:	Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:	a. Yes
Comments:	A member of the House of Assembly may be recalled as such a member if 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 member's constituency alleging their loss of confidence in that member and 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. A member of an Area Council may be recalled as a member if there is presented to the Chairman of the Commission a petition in that behalf signed by not less than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission and the petition is thereafter approved in a referendum conducted by the Commission within 90 days of the date of the receipt of the petition by a simple majority of the votes of the persons registered to vote in that member’s constituency.
Source:	Constitution 1999 (as amended), art. 110: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013); Electoral Act 2010, art. 116: http://www.inecnigeria.org/downloads/?did=5 (2013)
Verified:	2015/03/30

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