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INEC, National Assembly and diaspora voting in Nigeria

By Seye Olumide
03 November 2016   |   2:54 am
Despite the huge socio-economic contributions that the estimated 15 million Nigerians in diaspora add to the development of the homeland ...
President Muhammadu Buhari Photo credit: ERIC PIERMONT/AFP/Getty Images)

President Muhammadu Buhari Photo credit: ERIC PIERMONT/AFP/Getty Images)

Despite the huge socio-economic contributions that the estimated 15 million Nigerians in diaspora add to the development of the homeland, the current electoral system in the country is denying them the opportunity to participate in the process of electing a new government.

This avoidable disenfranchisement of an important section of the national population, which by its exposures to global practices, is perceived to be an informed one, has been a challenge since Nigeria returned to democratic rule in 1999.

Currently, Nigerians abroad cannot vote during general elections, except they take the trouble of coming home to participate in the process and even at the political party levels, their involvement is hardly felt, a situation that has continued to generate debate on why the 1999 Constitution should be amended to allow diaspora voting.

In the struggle for Nigeria’s return to democracy, the participation of the diaspora to the exit of military rule can not be overemphasized as they collaborated with several international organizations and home based democratic groups like the National Democratic Coalition (NADECO) to put the heat under the jackboots of the soldiers in government.

Apart from providing safe haven for those who were driven to exile and engaging in demonstrations in world capitals to draw attention to situation at home, many Nigerians living abroad also engaged in powerful lobbying to secure proactive policies aimed at forcing the military out of government.

Nigerians still remember the exploits of Radio Kudirat, a guerilla broadcast station and one of the novel interventions by Nigerians abroad to mobilize those at home against military dictatorship.

And as the 2019 election moves closer, it has become clear that unless the provision of sections 13 (1) (c) of the Electoral Act 2006, as amended and Sections 77(2) and 117 (2) of the 1999 Constitution, which provides for only citizens present in Nigeria at the time of registration of voters to register and vote during elections, are amended, the hope of Nigerians in the diaspora to vote will remain a mirage.

As a matter of fact, it is either the administration of President Muhammadu Buhari has a change of heart on the recommendations of the 2014 National Conference, which massively supported the voting rights of Nigerians in the diaspora or the National Assembly take the bull by the horn to amend the statute to pave way for Diaspora voting right, the debate will continue until the 2019 election holds.

Several moves have been made to address the issue but it has never passed beyond the stage of discussion. Neither the National Assembly nor the electoral body has made any serious effort to address resolve it.

The matter was part of the critical issues considered during 2014 National Conference. In his presentation then former External Affairs Minister, Prof. Ibrahim Gambari, expressed the frustrations of millions of Nigerians abroad about their inability to vote.

The former minister blamed the situation on the provision of the relevant sections of the Electoral Act and the Constitution of the Federal Republic, which discriminated against Nigerians living outside the country’s borders.

President of the Senate, Dr. Bukola Saraki PHOTO: TWITTER/BUKOLA SARAKI

President of the Senate, Dr. Bukola Saraki PHOTO: TWITTER/BUKOLA SARAKI

Accordingly, the Committee recommended that the provisions of Section 13 (1) (c) of the Electoral Act, 2006, as amended and sections 77 (2) and 117 (20) of the constitution be amended to provide for diaspora Voting Right so that Nigerian citizens living abroad who are not disqualified by law and who are at least 18 years old by the time of voters registration, to vote in Nigerian elections.

The panel also recommended that appropriate mechanism be put in place to avoid abuses before the process take off.

However, the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu on Tuesday, raised the hope of Nigerians when he stated the commission’s readiness and determination to continue to work with the National Assembly towards ensuring the participation of citizens residing outside the country in the electoral process.

Yakubu, while addressing members of the Senate Committee on Diaspora and Non – Governmental Organisation, insisted that Nigerians living abroad have the right, like their compatriots living in the country, to exercise their franchise in all elections organised in the country.

He however said such hope cannot be realised except several relevant sections of the Constitution is amended while also nothing that some challenges that could emerge from allowing diaspora voting, such as funding and the modalities to be adopted, would have to be tackled.

The INEC Chairman assured the senators that the Commission would continue to work with them to realise the objectives saying, “INEC believes that Nigerians living outside the country should be able to vote. This is because they are citizens of Nigeria and they make considerable contributions to the economy. There is a sizeable number of them living all over the world – some have estimated that they are around 15 million – and diaspora voting is consistent with global practice.”

He said under the exiting law, Nigerians living abroad who have the desire to vote must return home to register when voters’ registration exercise is being conducted and also to vote during actual elections.

The INEC boss said, “in order to change this position several amendments to the constitution would have to be effected. The first step rests with the National Assembly. And INEC, because of our commitment to the issue, is ready to make it possible.”

Chairperson of the Committee, Senator Rose Okoji Oko said the continuous calls by Nigerians in Diaspora to be given the opportunity to vote are crucial.

While the debates on the issue continue, there is also the need for the National Assembly and the commission, to take a critical look at those living within the country’s borders, who for some reasons could not vote while election is holding.

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