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 seeks to provide for the rights of Nigerians living outside Nigeria to vote in Nigerian elections. It seeks to amend section 77(2) and 117 (2) of the 1999 Nigerian Constitution, to provide as follows:
77 (2) Every citizen of Nigeria, who has attained the age of eighteen 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.
117 (2) Every citizen of Nigeria, who has attained the age of eighteen years, residing within or outside Nigeria at the time of the registration of voters for purposes of election to any legislative House, shall be entitled to be registered as a voter for that election.
This bill simply seeks to enshrine the rights of Nigerians residing outside Nigeria to register as voters and vote at elections conducted in Nigeria, in the Constitution. However, to make this operational, it may be important for the Constitution to be altered to also give the Independent National Electoral Commission (INEC) power to conduct elections, covering diaspora voting. In addition, the Electoral Act will require an amendment to make specific provisions for diaspora voting and the Regulations and Guidelines revised to specify the procedures for voting by Nigerians in the diaspora.
It will be recalled that a similar bill on diaspora voting failed to pass in the 9th National Assembly. In recent years, there have been calls from advocacy groups, civil society organisations, and members of the Nigerian diaspora for the government to provide for diaspora voting. The issue of diaspora voting has been a recurring topic in conversations on electoral reform, with Nigerians in diaspora seriously canvassing for this. While diaspora voting may enjoy popular support, especially among Nigerians in diaspora, a lot more needs to be done beyond amending the Constitution to effectively implement diaspora voting in Nigeria. With Nigerians spread across virtually every country in the world, the criteria for identifying Nigerians in diaspora in every country who can participate in elections in Nigeria will require clear definition.