
FELIX NWANERI writes on the move by the National Assembly to ensure passage of the Diaspora Voting Right Bill election that will empower Nigerians living abroad to participate in the nation’s electoral process ahead of the 2027 general election
The quest by Nigerians living abroad to participate in the country’s electoral process has been a recurring decimal even as more African countries continue to give their nationals in the Diaspora the opportunity to have a say in what happens in the polity back home.
Section 77 (2) of the Electoral Act 2010 (as amended) states that “every citizen of Nigeria, who has attained the age of 18 years at the time of the registration of voters for the purposes of election shall be entitled to be registered as a voter for that election” but Diaspora Nigerians have continually been shut out from the country’s electoral process.
Unofficial estimate of Nigerians living abroad puts the figure at about 15 million but United Nations (UN) statistics puts it at 1.7 million. No doubt, the UN figure is grossly underestimated, but many believe that it was time Nigerians living abroad are factored into the country’s electoral process given their contributions to the economy.
Diaspora Nigerians not only contribute over $20 billion annually to the nation’s economy through foreign remittances, they also contribute through investment in productive activities that support economic growth and job creation.
According to the Central Bank of Nigeria (CBN), remittances from Nigerians worldwide reached an unprecedented $553 million in July 2024, a remarkable 130 per cent increase from the corresponding period in 2023.
Also, most new businesses that have made Nigeria the largest economy in Africa and one of the most diversified in the last decade are start-ups by diaspora Nigerians returning with better entrepreneurial skills, honed while working for top companies and institutions overseas. Despite these contributions, it has been a long wait for Nigerians living abroad to participate in elections back home.
Many had expected that the wait by this group of Nigerians to be part of the electoral process would be over in 2015, but the hope was dashed. The then Goodluck Jonathan-led Peoples Democratic Party (PDP) administration hyped diaspora voting ahead of the 2015 general election but it never materialized.
Jonathan had promised to liaise with federal lawmakers and the Independent National Electoral Commission (INEC) on the issue during amendment to the constitution by the 7th National Assembly, saying: “I have asked INEC to work towards it by 2015. Diaspora voting is realistic. Even if it will not be possible in all elections, at least, we will work towards the presidential and governorship elections.
But for the parliamentary, because of the complications involved, it may be difficult.” Then chairman of INEC, Prof. Attahiru Jega, equally expressed similar optimism although he pointed out that there was need for adequate technology to be put in place and a consensus reached on the methodology to be adopted.
“Diaspora voting is possible and we are not opposed to it as a commission because whatever opportunity we can make available, so long as it can be done transparently and without any likely negative consequences,” he said. Jega’s predecessor, Prof. Maurice Iwu, had made efforts in 2007 to introduce Diaspora voting without success.
He had then proposed four English-speaking countries, including the United Kingdom and United States as pilot countries, but the inability of the 6th National Assembly to amend Section 77 (sub-section 2) of the Constitution, which provides that only Nigerians, resident in the country can register and vote in elections, frustrated the initiative.
The 7th National Assembly, in voting against Diaspora voting right reasoned that INEC was still grappling to strengthen its capacity to conduct elections within the country, and as a result, it would be counterproductive to extend the commission’s responsibilities abroad without the requisite capacity. Lack of data at Nigerian embassies abroad, cost and logistics were cited by then federal lawmakers as reasons they felt that Nigeria was not ripe for diaspora voting at that time.
It was a similar experience in 2022 as the 9th National Assembly voted overwhelmingly against the “Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999, to provide for Diaspora Voting, and for related Matters.”
Out of 469 federal lawmakers (Senate and House of Representatives), only 390 were present during plenary during voting on the issue. While 87 votes were counted in support of diaspora voting, 269 votes countered the bill.
A breakdown of the figures showed that 29 senators and 58 members of the House of Representatives voted in support of the bill, while 62 senators and 240 representatives voted against. For a constitutional bill to be passed by the National Assembly, it requires the support of at least two-third of members of both the Senate and the House of Representatives.
Diaspora remittances have contributed remarkably to the development of Nigeria… Sadly, existing laws have not provided voting rights for Nigerians living abroad
10th NASS raises hope
While advocates of diaspora voting right, who seem not deterred by unsuccessful attempts in the past have continued to push for expansion of the political space to allow Nigerians abroad to participate in the electoral process, the 10th National Assembly seems committed to break the jinx.
The Senate gave an indication to this in November last year, when the Senate Leader, Opeyemi Bamidele, while speaking during a virtual diaspora dialogue, pointed out the resolve of the National Assembly to reconsider the diaspora voting right and other related issues affecting Nigeria in the diaspora.
Before then, the Senate had in a communiqué issued at the end of its retreat in Ikot Ikpene, Akwa-Ibom State resolved to among other things, amend the Electoral Act to allow for diaspora voting to enable citizens on essential service and others abroad to vote at least in presidential elections. Senator Bamidele, said: “Let me tell you some good news. Not that we are trying to bring the bill (Diaspora voting right Bill) back.
The bill is already on the floor of the 10th Senate. Exactly two weeks ago, we had the first reading of the bill. It has already been scheduled for a second reading. “Definitely, as the Leader of the Senate, I can assure you that we will consider the second reading of the bill this week. After this stage, it will be referred to the Senate Committee on the Review of the 1999 Constitution.
“As it is presently, the Constitution Review Committee is chaired by the Deputy President of the Senate. As the Leader of the Senate, I am the vice chairman. You can be rest assured that I am with you in this effort. I see this fight as a generational fight. It is about your children. It is also about ensuring greater inclusion in our electoral process.
“We cannot be interested in what is coming from you (Diaspora Nigerians), but deny your right to vote. Diaspora voting is a right that must be recognised in the Constitution of the Federal Republic of Nigeria. After the passage of the bill, it will be taken to the House of Representatives for concurrence.”
Senator Bamidele explained that after the concurrence by the House of Representatives, the bill would be transmitted to the state Houses of Assembly and two-thirds of the 36 state Houses of Assembly must approve to become effective.
He, therefore, urged the stakeholders to engage governors of the 36 states of the federation and speakers of the state Houses of Assembly to ensure the passage of the bill into law. The House of Representatives, on its part, has assured Nigerians of its commitment to ensure passage of the Diaspora Voting Right Bill before it.
The bill is sponsored by the Speaker of the House, Tajueen Abass, and the lawmaker representing Sabon Gari Federal Constituency, Kaduna State, Sadiq Abdullahi. The speaker, who underscored the urgency of the bill and the need to implement it by the next election cycle in 2027, is of the view that “it is time for this vision to become a mission.”
He added: “We need to ensure that Nigerians abroad are not only contributing economically but also have their rights protected, including the right to vote.” Abdullahi, had while leading the debate on the bill’s general principles, argued that section 39 of the 1999 Constitution (as amended) grants citizens the fundamental rights of freedom of expression and opinion.
He noted that regardless of the locations of Nigerians, it is their fundamental right to exercise civic responsibility in choosing leaders for the various arms of government in their country.
He further argued that Nigerians in the diaspora contribute financially to the country through remittances, and as such, should be part of the electioneering process, whether or not they live on the shores of Nigeria.
His words “It is widely believed that diaspora remittances have contributed remarkably to the development of Nigeria. Nigerians in the diaspora make considerable contributions to the Nigerian economy through huge financial inflow.
Sadly, existing laws in Nigeria have not provided voting rights to Nigerians in the diaspora. “Consequently, the agitation for voting rights for Nigerians in diaspora has continued to gain momentum. It is a practice that allows for holistic inclusiveness in a democratic society. Section 1 of the bill guarantees the voting rights of Nigerian citizens living outside Nigeria.
The section provides that elections to be conducted under this Act, if passed, shall include elections in which the Commission (Independent National Electoral Commission) is empowered by law. “Section 4 provides that this Act, if passed, shall not invalidate existing laws in Nigeria. It only provides a platform for Nigerians in the diaspora to participate in elections conducted in Nigeria.”
The speaker (Abbas), had at the National Diaspora Day event in July, said: “I was the one who pushed for diaspora voting right 20 years ago, when then President Olusegun Obasanjo tasked us with enhancing our democracy by incorporating Nigerians abroad into our political framework,”
Arguments for and against diaspora voting
Among pertinent questions, which some stakeholders keep asking over Nigeria’s inability to grant voting right to her citizens living abroad are: Why shouldn’t citizens in Diaspora be allowed to vote as the impact their votes will make is could be enormous?
Why do candidates for elections fly abroad to canvass for support from citizens residing in foreign land, when they are not allowed to vote? Why do the country’s major political parties have overseas chapters, whose members contribute to their funding, but are denied the right to vote during primary elections to pick flag bearers as well as the main elections?
While the belief is that the realisation of Diaspora voting will not only strengthen the bond between Nigerians abroad and those at home, but will facilitate effective mobilisation and utilisation of the enormous expertise and resources in the diaspora for the nation’s development, it has also been advanced that Nigeria cannot rank below the 28 African countries that have approved voting right for their citizens abroad.
Those, who hold these views, maintained that Nigerians should not be discriminated against politically in their own country on the ground that they reside abroad. Members of this political school maintained that given the enormity of the potential voting bloc from the diaspora, it is incontestable that it will make a difference in national elections, particularly the presidential election.
Perhaps, it is against these backdrops that some analysts are of the view the Diaspora community qualifies as Nigeria’s 37th state hence justice demands a voting right law, which will serve as a step to official recognition of citizens abroad as an integral segment of the polity. Despite the arguments in favour of diaspora voting right, some stakeholders are of view that it should not be a priority for now, as it will not benefit Nigeria or Nigerians.
While this position is predicated mostly on cost implication, it was also argued that for votes from abroad to be legal in Nigerian elections, every Nigerian abroad must be afforded the same opportunity to vote, not a situation where those in America, Canada and UK are given the opportunity to vote, while those in African countries and Asia are denied such opportunity. There is also the issue of section 134(2) of the Constitution, which talks about the threshold for declaration of winners, particularly for presidential elections.
This constitutional provision, talks about majority of votes and spread – a quarter of the votes in two third of the states. The question that arises over the section is: Will diaspora citizens constitute another state for the purpose of presidential elections? The fear of citizens abroad, falling for political propaganda if allowed to participate in the electoral processes back home has also been raised.
The belief is that their voting pattern is likely to tilt the results in favour of persons, who outsmarts others in propaganda directed at them although how “foreign propaganda” differs from the one at home front was not explained.
Nigeria is still struggling with the operation of the Bimodal Voter Accreditation System and people are talking about diaspora voting… we should work towards rectifying the problem instead of talking about diaspora voting
Stakeholders speak on the issue
The incumbent chairman of INEC, Prof. Yakubu Mahmood, has repeatedly opined that because citizens of Nigeria living outside the country make considerable contributions to the economy through remittances, they should be able to vote in election back home. Yakubu also believes that diaspora voting is consistent with global best practice.
His words: “INEC is committed to providing Nigerians living outside the country the opportunity to have a say in who become our leaders at various levels. I hope that the legal and constitutional obstacles to voting by Nigerians in Diaspora will soon be removed so that Nigerians, irrespective of where they live around the world would have the opportunity to vote in future elections.”
Senator Ned Nwoko (PDP, Delta North), who shares Prof. Yakubu’s view, opined that the Nigerian Diaspora forms a vital and dynamic part of its global community, hence it should be given the opportunity to be part of the electoral process. His words: “The Nigerian Diaspora, comprises millions of Nigerians living abroad and forms a vital and dynamic part of our nation’s global community.
These individuals maintain deep ties to their homeland and possess a wealth of knowledge, experience and resources that can contribute significantly to Nigeria’s growth and development. In recognising the importance of their engagement, it is imperative to explore avenues for their active participation in our electoral processes.
“It is imperative to explore avenues for their active participation in our electoral processes. This seeks to introduce necessary amendments to the Nigerian Constitution, granting Nigerians in the Diaspora the right to vote; the ability to be voted for and the establishment of dedicated representation in the legislative chambers.”
A former Minister of Education and Founder of FixPolitics, Dr. Obiageli Ezekwesil, who believes that diaspora voting falls within the triangular pillars of democracy, maintained the diaspora community cannot be disengaged from the country’s political process. Ezekwesili, who made the assertion at the recent virtual event titled,
“Diaspora Dialogue: An Imperative for Constitutional Reform,” hosted by FixPolitics and which brought together Nigerians in the diaspora to discuss the issue of diaspora voting right, insisted that allowing Nigerians abroad to participate in the country’s electoral process will be a critical step towards achieving a more inclusive and functional democracy.
Highlighting the significant resources the diaspora community possesses – knowledge, networks, and financial resources – all of which are crucial for development but remain largely untapped due to their exclusion from the political process, she said:
“The reality of our political anomaly is that the supply side of our politics within the political class, have a monopoly hold on the politics and democracy, not just of Nigeria, but of many other African countries.”
She added: “And that monopoly capture of the political space cannot in any way be contested until we unlock the kind of power and influence that the Diaspora community has. So, the Diaspora community cannot be disengaged from the country’s political process.”
The chairperson of Nigerians in Diaspora Commission (NIDCOM), For Mrs. Dabiri-Erewa, who has been in the vanguard of the campaign for diaspora voting right, is of the view that Nigeria cannot afford to be left out given the humongous contributions of citizens living abroad to the country’s economy.
“Everywhere we go, it’s about Diaspora voting. Nigerians in Diaspora are very eager to vote. We are talking about a group of people who remits over $20 billion annually to the Nigerian economy.
We are talking about a group of professionals, who wherever they go, are contributing to the development and progress of their country,” she said.
Chairman of Nigeria Diaspora Voting Council (NDVC), Prince Ade Omole, on his part, said: “Over the years, NDVC has continued to push for the passage of the Diaspora Voting Bill, while working with the executive and the legislature to consider this key initiative.
If passed, the bill will allow all eligible Nigerians, regardless of their physical location, to participate in the democratic process. “Recently, NDVC submitted its fine-tuned Diaspora Voting Bill to the National Assembly for consideration during the ongoing constitutional review process.
We are not merely sending money back home; we are active stakeholders in the Nigerian project, making significant investments in the nation’s future.
It is time this contribution is acknowledged by granting voting rights to all eligible Nigerian citizens, regardless of where they reside. “The NDVC remains resolute in its mission to secure voting rights for the over 17 million Nigerians living abroad. The Council will continue to advocate for constitutional amendments allowing all eligible Nigerians to participate in the democratic process, irrespective of their physical location.”
Auta Nyada, the chairman of the Nigerian Bar Association (NBA) Legal Education Committee, who believes that Nigeria is not ripe for Diaspora voting, is of the view that the country’s electoral system is not mature enough to accommodate it Nyada, who advised INEC to address the loopholes observed in the 2023 general election and the other off cycle elections rather than delve into diaspora voting, said: “Diaspora voting is actually a good idea, but for me, I don’t think that Nigeria has reached the stage for it. Introducing diaspora voting will require a lot of effort to be successful.
“Nigeria is still struggling with the operation of the Bimodal Voter Accreditation System (BVAS), and people are talking about diaspora voting. We are witnesses to the malfunctioning of the BVAS in the 2023 general election.
I think we should work towards rectifying the problem instead of talking about diaspora voting.” Noting that Nigeria must have watertight technology before considering diaspora voting, Nyada said: “So many foreigners are getting the National Identification Number (NIN) in spite of the stringent regulations by the National Identity Management Commission (NIMC).
If you introduce Diaspora voting today in Nigeria, all black people in the world could decide to vote as Nigerians. We don’t have a watertight security system to identify genuine Nigerians from others. So, I think diaspora voting is for the future and not now.” he said.
No doubt, it has been a long wait for Nigerians living abroad to participate in elections back home despite their commitment to the growth of the economy, but it is left to be seen how the 10th National Assembly intends to scale the hurdles that impeded passage of the Diaspora Voting Right Bill by previous assemblies.