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.
Presently, there are about 100 countries that have systems in place to allow their emigrants to vote. Thirty-six of these countries are in Europe, 13 in American, 15 in Asian, six in the Pacific and 28 in Africa. The number is still growing with more nations embrace the option.
Sixty-five of these countries allow for external voting for everyone, while about 25 place restrictions on it, based on such factors as to whether they intend to return permanently or how long they have been away. Citizens of the United States (U.S.) can vote no matter how long they stay away, while citizens of Britain are disqualified after 15 years away.
African countries that allow diaspora voting include Uganda, Tanzania, Rwanda, Burundi, Burkina Faso, Mali, South Africa, Cape Verde, Angola, Senegal, Kenya, Cameroon, Mozambique, Benin Republic and Niger Republic.
About 7,600 Nigeriens living in Nigeria voted for their preferred candidates in the February 2016 presidential and National Assembly elections from two Nigerian states – Kano and Sokoto – while 11,000 Beninois, residing in Nigeria, converged at the country’s Consulate-General’s premises in Lagos to vote in their country’s presidential election in March 2016 poll.
Kenya granted the right in 2013, although limited to citizens in neighbouring countries of Uganda, Tanzania and Rwanda – where there are substantial Kenyan populations, 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 were at least 500 Senegalese expatriates, who had signified willingness to vote; the latter allowed it only in countries where there is a minimum of 1,000 legally-settled citizens.
Besides granting voting rights to nationals abroad, some of these countries have even gone a step further by allocating parliamentary seats to their citizens in diaspora. An overseas constituency is a legally-recognised electoral district that elects its own representatives at the legislative body from abroad. It allows the expatriate 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 the Diaspora. 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 Nigerian situation
With millions of her citizens living outside the shores of their country, the question has always been: Why shouldn’t Nigerians in Diaspora be allowed to vote as the impact their votes will make is enourmous?
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 estimates of Nigerians living abroad put 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 the fact remains 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.
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 members of this group, who are returning with better entrepreneurial skills honed, while working for top companies and institutions overseas.
A long wait for Diaspora voting right
Despite their contributions, it has been a long wait for Nigerians living abroad to participate in elections in the country. Many had expected that the wait would be over in 2015, but their hope was dashed.
The then Goodluck Jonathan-led Peoples Democratic Party (PDP) administration hyped diaspora voting ahead of the 2015 general elections but it never materialised.
Jonathan, who promised to liaise with federal lawmakers and INEC on the issue during amendment to the constitution by the 7th National Assembly, said at the time: “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 earlier made effort 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.
A similar move was turned down by the 7th National, which reasoned that INEC was still grappling to strengthen its capacity to conduct elections within the country, and so, it would be counter-productive to extend the commission’s responsibilities abroad without the requisite capacity.
Lack of data availability at Nigerian embassies abroad, cost and logistics were also cited by then federal lawmakers as reasons it 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.
Arguments for Diaspora voting right
Pertinent questions, which have been asked by some stakeholders over Nigeria’s inability to grant voting right to her citizens living abroad are: “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 general elections?
Those who spoke on the issue said 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.
The incumbent chairman of INEC, Prof. Yakubu Mahmood, has repeatedly argued that citizens of Nigeria living outside the country make considerable contributions to the economy through Diaspora remittances and should be able to vote, as Diaspora voting is consistent with global best practices
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 recognizing 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.”
For Mrs. Dabiri-Erewa, the chairperson of Nigerians in Diaspora Commission (NIDCOM), “Nigeria cannot afford to be left out given the humongous contributions of Nigerians in Diaspora to the Nigerian 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.”
It has also been advanced that the fact that about 28 African countries have approved voting for their citizens abroad implies that there are inherent socio-economic benefits and since Nigeria cannot rank below the 28 countries, it means that arguments against its cost and readiness are untenable.
Those, who hold this view insist that the idea should not be shoved aside because there are likely to be problems. They maintained that Nigerians should not be discriminated against politically in their own country on the ground that they reside abroad. It has also been argued that considering the enormity of the potential voting bloc from the Diaspora, it is not unlikely that it can 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 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.
The fears
Despite the argument 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 by any means.
The argument of members of the political school with this view, centred mostly around 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, and 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 section 134(2) of the Constitution, which talks about the threshold for declaration of winners, particularly for presidential elections. This section talks about majority of votes and spread – a quarter of the votes in two third of the states. The question that arises is: Will Diaspora constitute another state or what will Diaspora constitute for the purpose of presidential election?
The fear of citizens abroad, falling for political propaganda if allowed to participate in the electoral processes back home was 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.
Hope over Senate’s move
While advocates of Diaspora voting right, who seem not deterred by divergent views and unsuccessful attempts in the past, continue to push for expansion of the political space for citizens in the diaspora to participate in the electoral process, the 10th Senate has given an indication that it will be part of its considerations, when review of the constitution commences.
Senate Leader, Opeyemi Bamidele, who disclosed this last week 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.
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, who had earlier sponsored a motion aimed at reviewing the constitution, 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.
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.
