The calls for Diaspora voting have continued even after the conclusion of the 2019 general elections leading to divergent views. In this report, EMEKA NZE and ABDULRAHMAN ZAKARIYAU examine INEC’s preparedness, controversies, feasibility, existing and anticipated challenges.
In an article published shortly before the 2019 general election, a public affairs analyst, Acho Orabuchi wrote, “If Nigerians in the Diaspora contribute significantly to the economy of the nation why is their right to participate in the electoral process being hamstrung?” This argument represents the mind of a typical Nigeria living abroad as well as students of politics, especially, when the general elections near in the country. This is more so, when Nigerian-Americans residing in Nigeria participate in voting in the American presidential election.
Most Nigerians in the Diaspora believe voting right should also be one of their inalienable rights. Buttressing this position, Orabuch, a Diaspora Nigerian himself, in his article wrote, “Nigerians in the Diaspora would want to be allowed to register and vote in elections in Nigeria, especially in the gubernatorial and presidential elections.”
An estimated 116 countries have a system that allows their emigrants to fully participate in their electoral process through external voting.
In a 2006 study, indicated that 21 African nations, 13 North and South American countries, 15 Asian countries, 6 Pacific countries, and 36 European countries, allow their emigrants to participate in the electoral process.
Ghana, Switzerland,, Dominican Republic, Philippines, Columbia, Mexico, United States, Great Britain, amongst others, have voting right laws that allow their citizens living abroad to register and vote in their native countries’ elections regardless of their countries of abode.
For the most part, these countries allow their citizens to cast their votes in their respective embassies and consulates. In some cases, some of these countries are utilizing E-Voting and internet voting to facilitate the participation of their citizens in their national elections.
In addition to granting their citizens living overseas the right to vote in their national elections, France, Italy, and Portugal, have widened the gate of their democracy for their citizens living abroad by having them represented in the National Assembly or parliaments.
In 2011, it was also reported that “Eighteen of the 217 members of the Constituent Assembly of Tunisia participated in an election that was conducted in 80 countries around the world.”
Similarly, Algeria considers its citizens abroad worthy of participating in its democracy by reserving eight of its 382 parliamentary seats for them.
In a recent development, Angola adopted legislation to create three overseas voting constituencies to be implemented at a future date with external voting.”
The agitation for Diaspora voting by Nigerians outside the country may not be unconnected with these developments. There is no doubt that many Nigerians living abroad are keen to participate in their countries democracy especially when granted the right to vote. Thus issue has been burning on the minds of many Nigerians in the Diaspora who feel disenfranchised by their country.
Prior to 2019 polls
When preparation for the 2019 general elections had reached a crescendo, insinuations by the Nigerian media that INEC would embark on Diaspora voting was quickly countered and corrected: “There will be no Diaspora or Out-of-Country voting for Nigerians in the 2019 general election.”
INEC’s clarification came in a statement by no less a person than its National Commissioner and Chairman, Information and Voter Education Committee, Mr Festus Okoye.
Okoye said that INEC attention had been drawn to a report by a section of the media which gave false impression that the commission has “made special provisions for Internally Displaced Persons (IDPs) outside Nigeria to vote in the 2019 general elections.
“The commission wishes to state unequivocally that there will be no Diaspora or out-of-country voting for any Nigerian, in accordance with extant provisions of the Nigerian Constitution 1999 (as amended).
INEC is ready
However, the commission chairman in a recent interview with an on-line media said, “For Diaspora voting, we are consistently in support of Diaspora voting. But you need amendment in the electoral framework for that to happen; for the commission to be able to register citizens abroad and for them to be able to vote.
“At the moment, voting is available to those who are residents in the country and are registered. You can only vote if you are registered in the country or you can transfer your registration to another place in the country.”
He added that “In essence, voting is available to eligible citizens who are residents in Nigeria and are registered in any part of the country they need to vote.
Continuing the INEC chairman said, “There are two issues in Diaspora voting which we need to clarify. First, we have what is called out of country voting (OCV). Out of country voting is where we have people who are registered voters in the country and are on national service or assignment outside the country like the military, members of the diplomatic corps and Nigerians engaging in technical corps. In some countries, they are given the right to vote; but it is for the same reason people cannot vote outside the country.
“The second dimension is what is called Diaspora voting; this is voting available to citizens who live in other countries. We have set up a committee to look into that. We have a report which says we are good to go. The only thing we are waiting for is an amendment to the legal environment. Once the legal framework is amended and we have the relevant and appropriate resources for us to register citizens in other countries to vote, we are good to go on that.
“Remember that there are Nigerians in virtually all parts of the world. The only obstacle is the electoral legal framework. Once that is built, we will then work out the modalities. But thinking ahead as a proactive measure, we have a drafted one ready. In case that is done, we will consult the state stakeholders and look for the relevant resources. We have always assured Nigerians in the Diaspora that they are part and parcel of what happens at home and therefore they should have the right to vote.
“In the long run, we may also do what other nation’s do where their citizens have not only the right to vote but they also have the right to be represented. You should have overseas constituencies who represent Nigerians living in specific countries of the world in the National Assembly. On this one, the commission is committed to the amendment of such a legal framework.”
Barriers to Diaspora voting:
Executive Director, Advocacy for Peace and Justice, Barrister Maxwell Aletor foreclosed the practicability of Diaspora Voting.
Barrister Aletor said Diaspora voting is not achievable. “How can or how will they participate in the voter registration given the cumbersomeness of Nigeria’s electoral process? How can it be coordinated and who will coordinate it?
“The country is still grappling with common issue of server or no server and you want additional burden for INEC to generate further the data of Nigerians living abroad. I think it is wishful thinking for anybody to think Nigerians abroad should vote in our election. We are not yet ripe for it,” he said.
Also when members of Legacy Initiative International Advocacy, US chapter visited Nigeria House in New York, part of their demands was for Diaspora Nigerians to be allowed to participate in the general elections in Nigeria.
The Consul-General of Nigeria in New York, Mr Ben Okoyen, told them that lack of reliable database was one of the factors delaying the implementation of Diaspora voting by Nigerians outside their homeland.
Okoyen stressed the need for Nigerians overseas to be united so as to produce a reliable database.
The Nigerian envoy explained that the Nigerian Diaspora Commission was already in place, adding that getting the accurate database of Nigerians abroad was still a challenge.
“It is not as if it (Diaspora voting) is something that cannot happen now, it is important how we organise ourselves. This pronouncement has been made, the commission is in place, but how Nigerians organise themselves is important. For example, if you ask people to come and register, they would not come. For us to even have the proper database of Nigerians living in the US or elsewhere is difficult. So, it has to do with us.
“As you are coming now, if you tell us this is the population of Nigerians, we will be very happy to forward this information back home.
“That is an area that we need to do some extra job. Every organisation should work towards registering Nigerians and see how to get a database that federal government can also rely on.”
Registering Diaspora voters
Back home, National Commissioner, Barrister Okoye argued: “Constitutionally and legally, only legally and validly registered voters are qualified to vote in Nigerian elections. Such voters must attend physically to the polling units and be verified and authenticated by the ad-hoc staff of the Commission. In others, the Permanent Voters Card of the holder must be verified and authenticated using the Smart Card Reader (SCR) and one cannot vote by proxy.”
Okoye said, “Diaspora voting is complex and requires careful planning, strategic intervention and legal clarity. There are more Nigerians in African countries than you have in advanced countries. The country must work out modalities for registering them to vote.”
Lawmakers as major problem
The Senior Special Assistant (SSA) to the President on Foreign Affairs and the Diaspora, Abike Dabiri, has said that lawmakers are responsible for the non-participation of those in the Diaspora in Nigeria’s elections.
Speaking at the Diaspora Leadership Conference organised by the Nigerian Consulate in New York, United States of America, recently, Abike said that the country was ready, but Nigerian lawmakers have continued to stall the approval because they are afraid it would not be favourable to them.
“We all have to make it happen. It is going to be tough and I tell you in politics, lawmakers are not too comfortable with the idea. I don’t know why. But we have to make it happen. If Ghana and Sierra Leone, smaller countries are doing Diaspora voting, why can’t we?
“INEC has said they are ready. President Muhammadu Buhari told you when he met you that he is ready. The only people we have to beg to make that happen is the National Assembly. It just has to happen and I believe Diaspora voting will help our politics and voting system.
“Two years ago, some people we met in Washington DC said they would gather a million signatures and go to the National Assembly. We did not see one signature. Now, let’s make it a priority. It can happen before 2023. Let’s work together to make it happen.”
Actualising of Diaspora voting
He however said, “The commission is working on modalities for out of country voting to take care of duly registered voters on national assignment outside the shores of the country. This requires amending the legal framework to bring it into being and the commission will work with relevant stakeholders in that regard.”
To the national commissioner, “the country must decide whether only legal immigrants should be registered or everyone. We must decide on the method and modalities of harvesting their votes to avoid using them to overwhelm the electoral environment.
“The commission will continue to work with relevant agencies to achieve success in the quest for Diaspora voting. But the law must be amended before the commission can activate Diaspora voting. The commission will continue to work proactively and will not be caught off guard if the law is amended.
Roles of NASS
In his article, Orabuchi admitted that the extant laws do not permit Diaspora voting. He said, “It is ineluctably true that Section 77, Subsection (2) of the 1999 Constitution states, “Every citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the time of the registration of voters for purposes of the election to a legislative house, shall be entitled to be registered as a voter for that election.”
He then suggested that this part of the constitution must be amended first to allow voter registration in the Nigerian embassies, consulates or missions around the world. “Amending this section of the constitution would hasten the Diaspora voting. It is believed that once Section 77, Subsection (2) is amended, a system for electronic or internet voting could be made operational for the expats.”
Okoye did not agree less with the above assertion when he said: “The commission has carried out studies on Diaspora voting. The commission does not have legislative powers but channels its opinions and impute on bills or proposals to appropriate organs of government. The commission will implement all Electoral Laws emanating from the National Assembly and assented by the President.
He however called the National Assembly and the critical stakeholders must examine all the variables and nuances of Diaspora voting and gradually introduce creative innovations that allow Nigerians wherever they are to vote in our elections.
Okoye was emphatic on what the desire of the commission for Diaspora Nigerians: “Our desire is to see all Nigerians living anywhere in the world vote in our elections. But the framework must right and the modalities worked out.”
The germane argument here often advanced by many Nigerians in Diaspora and other concerned Nigerians is “If Ghana could allow its citizens living abroad to participate in its elections, Nigerians in the Diaspora (with their contributory power to the economy) wonder why it has been difficult for Nigeria to do same.
Also, commenting of Diaspora voting the President Inter Party Advisory Council (IPAC), High Chief Peter Ameh, said: “IPAC will protect the interests of their members both at home and abroad. Our function menu is to see that elections in Nigeria are credible, to see that elections in Nigeria are fair, non violent and that power is not something that should be taken by force but taken through the instrumentality of the Constitution through voting rights given to Nigerian citizens at home and abroad.”
Ameh said IPAC would work with National Assembly to amend the relevant areas of the Constitution that would guarantee Diaspora voting as well as other issues that need further amendment.
“We want to state emphatically, that we will totally collaboratively support all efforts and work with the National Assembly (9th Assembly) in carrying out any necessary constitutional amendments.”
INEC not ready for Diaspora voting
Meanwhile, a political analyst Abubakar Muhammed has said INEC and other concerned government agencies needed to ensure that our elections at local level are free, fair, credible and acceptable to all before we talk about our readiness to conduct Diaspora voting.
He said “We have to ask ourselves some questions. Before we talk about Diaspora voting we need to assess our performance. So, since 1999 have we performed well? Are our elections free, fair, credible and acceptable to majority? Have we to cater for the yearnings of Nigerians at home? You and I know the answers to these questions. So let us stop deceiving ourselves, Nigeria and even INEC as a commission is not ready for Diaspora voting.
“Diaspora voting is not what you rush into, we need to be ready. We need to put our house in order, to avoid International embarrassment. Besides, our laws do not recognize Diaspora voting.
“If INEC wants to start Diaspora voting, then we must get it right at home, amend our electoral laws to accommodate Diaspora voting and electronic means of transmission of results, and make more resources available for the commission. Diaspora voting is good, but we are obviously not ready.”
