Beyond remittances to support relatives, Nigerians abroad support economic growth and job creation back home through investments in productive activities, which inform calls for diaspora voting right to enable them participate in the nation’s electoral process. FELIX NWANERI reports

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. This practice has gained global traction, with 141 countries enabling some form of diaspora voting as of 2020. Voting methods vary and may include in-person voting at embassies or consulates, postal voting and online voting.

Countries also differ on the range of elections in which diaspora citizens can vote, from national to local elections. Over 40 of countries that allow diaspora voting are in Europe, 13 in American, 15 in Asia, six in the Pacific and 40 in Africa. Sixty-five of these countries allow for external voting for everyone, while about 25 place restrictions on it.

This is based on factors such as whether they intend to return permanently or how long they have been away. For instance, while citizens of the United States (U.S.) can vote no matter how long they stay away, their British nationals are disqualified after 15 years away from home. African countries that allow diaspora voting include Uganda, Tanzania, Algeria, Rwanda, Burundi, Malawi, Chad, South Africa, Cape Verde, Angola, Senegal, Kenya, Cameroon, Mozambique, Benin Republic and Niger Republic.

Kenya granted the right in 2013, although limited to citizens in neighbouring countries of Uganda, Tanzania and Rwanda, where there is substantial Kenyan population, while lawmakers in Cameroon made changes in the country’s electoral law in 2011 that allowed some nationals living outside the country to take part in that year’s presidential election. Senegal and Mozambique had earlier introduced Diaspora voting in 2000 and 2004, respectively.

While the former restricted the right only to countries where there are at least 500 Senegalese expatriates, who signified willingness to vote; the latter allowed diaspora voting only in countries where there is a minimum of 1,000 legally-settled citizens.

Besides granting voting rights to their nationals abroad, some of these countries have even gone a step further by allocating parliamentary seats to diaspora citizens. An overseas constituency is a legally recognised electoral district that elects its own representatives at the legislative body from abroad.

It allows the diaspora community to relate by promoting an understanding of their aspirations as legislative agenda. Countries notable for diaspora representation include France (since 1946), Portugal (since 1976), Colombia, Italy, Croatia, Ecuador, Dominican Republic, Peru, Lithuania, Romania and Panama. In Africa, Angola’s 220-member parliament includes three diaspora representatives, while Mozambique reserves two per cent of the membership of its legislature for citizens in diaspora.

No Nigerian will make the most democratic impact in fostering inclusivity of a 17 million population than the one who legislates diaspora voting

For Tunisia that has almost one million of her population living in France, 18 of the 217 members of the Constituent Assembly represent the diaspora; the number is eight out of 382 in Algeria, while Cape Verde’s 72-member national legislature comprises six foreign representatives.

The case of Nigeria Whereas 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,” diaspora Nigerians have continually been shut out from the country’s electoral process.

The International Organisation for Migration (IOM) estimates the number of diaspora Nigerians at 17 million. These 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 that hope was dashed. Recall that then President Goodluck Jonathan had promised ahead of the 2015 general election to liaise with federal lawmakers and the Independent National Electoral Commission (INEC) on the issue during an amendment to the constitution by the 7th National Assembly.

His words: “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, so it would be counter-productive to extend the commission’s responsibilities abroad without the requisite capacity.

Lack of data at Nigerian embassies abroad, cost and logistics were cited by the 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 (senators and members, 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.

This constitutional hurdle notwithstanding, Nigerians in diaspora have continued to demand for inclusion in the country’s electoral process. Just recently, some Nigerians diaspora Nigerians took to the streets of Abuja to rally for support for diaspora voting right. The group which numbered about 50 persons came out despite the rain to walk through Abuja streets to the National Assembly.

They started their walk from the Unity Fountain, walked to the Eagle Square where they address the media, and subsequently to the gate of the National Assembly, where they dispatched representatives to present their position to the federal lawmakers Inscriptions on the placards they carried showed: “Nigerians in Diaspora urges NASS to legislate diaspora voting,” “Nigeria is home, let us vote,” “Diaspora votes matter,” and “We should vote, let our voice count,” among others.

The Coordinating Chairman of Nigerians in Diaspora Organisation (NiDO)-Worldwide, Mr. Chibuzo Ubochi, who spoke on behalf of the group, urged the 10th National Assembly to leave a lasting legacy in Nigeria’s democratic process by passing the Diaspora Voting Right Bill. He also appealed to President Bola Tinubu to be the first president of the country to advance inclusive governance of Nigerians at home and abroad through assent to the bill.

Noting that the constitution accords every Nigerian of voting age, home or abroad, the right to register and vote, Ubochi said: “We are Nigerians living abroad. We bear names like Chibuzo, Ibrahim and Ade, eat Nigerian food and run Nigerian businesses wherever we are. So, why can’t we vote? We hold our green passport wherever we go and we are proud of our fatherland.

“One important thing from our past leaders in the country is that they support diaspora voting, So, what is holding them back? This is because the National Assembly had yet to legislate it. This is why we are here to tell them to do the right thing. To tell them that Nigerians living abroad deserve to be part of electoral process.”

A former Coordinating Chairman of NiDO-Worldwide, Dr Victor Ubani, on his part, underscored the need for President Tinubu to set the pace for the future of Nigeria’s democracy by assenting the bill, when passed and presented to him.

“We are calling on President Tinubu to listen to us. We appeal to the National Assembly to do the needful. “We are calling on President Tinubu to listen to us. We appeal to the National Assembly to do the needful. It is not proper being treated as non-Nigerians.

There is no way anyone can tell me that I am a nonNigerian. “We are here to work closely with the National Assembly to build our nation to benefit our fatherland,” Ubani said, noting that the only way they could be told that they remain Nigerians is when they are allowed a chance to determine who makes policy decisions in the country, and which affects them.

The Global President, National Association of Nigerian Students in Diaspora (NANS-Diaspora), Chris Fayomi, who also spoke, commended the Federal Government for its efforts towards sustaining Nigeria’s democracy.

He, however, noted that more could be done to bolster the nation’s democratic progress through inclusion of Nigerians living abroad in the electoral process. He said: “We have come from across several continents of the world to place demand on government towards legislation of diaspora voting. This is because no Nigerian will make the most democratic impact in fostering inclusivity of a 17 million population than the one who legislates diaspora voting.”

Arguments for diaspora voting right

Among pertinent questions, which some stakeholders keep asking over Nigeria’s inability to grant voting right to her citizens living abroad are: Given the fact that millions of Nigeria live outside the shores of their country; shouldn’t these citizens be allowed to vote as the impact their votes will make could be enormous, and why do candidates for elections fly abroad to canvass for support of citizens residing in foreign land, when they are not allowed to vote?

Another penitent question is: 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 right 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 rights for their citizens abroad.

Those, who hold these views, maintain that Nigerians should not be discriminated against, politically, in their own country on the ground that they reside abroad. It was further advanced 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 the 37th state in Nigeria, and therefore, equity demands a voting right law, which will serve as a step to official recognition of citizens abroad as an integral segment of the polity.

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 during elections 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 also 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 diaspora the right to vote; the ability to be voted for and the establishment of dedicated representation in the legislative chambers.”

For a former Minister of Education and Founder of FixPolitics, Dr. Obiageli Ezekwesil, who believes that diaspora voting falls within the triangular pillars of democracy, 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: “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.”

For the chairperson of Nigerians in Diaspora Commission (NIDCOM), Mrs. Dabiri-Erewa, who is in the vanguard of the campaign for diaspora voting right, Nigeria cannot afford to be left out of nations that allow their citizens living abroad to participate in the electoral process back home given the humongous contributions of diaspora Nigerians to the 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 that 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.

The diaspora is a powerful force, and we cannot ignore them,” Dabiri-Erewa 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.

“NDVC submitted its fine-tuned Diaspora Voting Bill to the National Assembly for consideration in 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 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.”

The fears

Despite the arguments in favour of diaspora voting right, some stakeholders are of the 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? There is also the fear of citizens abroad falling for political propaganda if allowed to participate in the electoral process. The belief is that their voting pattern is likely to tilt the results in favour of persons, who outsmart others in propaganda directed at them.

Auta Nyada, the chairman of the Nigerian Bar Association (NBA) Legal Education Committee, who believes that Nigeria is not ripe for diaspora voting, advised INEC to address the loopholes observed in the 2023 election and the other offcycle elections rather than delve into diaspora voting.

“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.”

Nigeria is still struggling with the operation of Bimodal Voter Accreditation System (BVAS), and people are talking about diaspora voting… 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 added: “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.

Eyes on 10th NASS

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 living abroad to participate in the electoral process, it is left to be seen if the 10th National Assembly will break the jinx.

New Telegraph recalls that a bill seeking to amend the constitution to provide for diaspora voting passed Second Reading in the House of Representatives on November 20, 2024.

The bill, particularly seeks to amend section 77(2) and 117 (2) of the 1999 Nigerian Constitution, to provide that “every citizen of Nigeria, who has attained the age of 18 years, residing within or outside Nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election.”

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’s time for this vision to become a mission.

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 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 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 Senate, on its part, had equally in November last year, through the Senate Leader, Opeyemi Bamidele, assured citizens of the resolve of the National Assembly to reconsider the diaspora voting right and other related issues affecting Nigerians in the diaspora. He then 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.

Before then, the Red Chamber 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.

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.