Politics
Still On Diaspora Voting And Rivers Rerun Polls
The Independent National Electoral Commission (INEC) had a somewhat bitter, sweet engagement with the National Assembly recently.
The issues bordered on the much-debated diaspora voting and pending elections into vacant legislative seats. Clearly both issues touch on constitution.
While the law as constituted does not allow for electronic voting as such voting must be by personal representation, the constitution provides that every constituency must have a representative through an elective process organized by the electoral commission. However it would seem that the commission is almost handicapped on both issues.
The 2015 general election was perhaps the most competitive election in the Nigeria’s recent political history.
Invariably, that electoral process opened up the system to the exploration of more technology with the introduction of the Smart Card Reader and Permanent Voter Card (PVC).
As such, in the build up to that election, the clamour by Nigerians living abroad to get involved in the process back home became much more noticeable.
For them, besides technology conquering the geographical hindrance to voting for any citizen (as evident in even small countries in Africa), the appreciable economic contributions they make through transfers back home warrants they have a direct participation in electoral process in the country.
According to a report by World Bank’s Migration and Remittances Factbook 2016, remittances from Nigerians living abroad hit $20.77 billion in 2015, making Nigeria the sixth largest recipient of remittances in the world.
It further revealed that remittances to Nigeria rose every year over the last decade from $16.93 billion in 2006 to $20.83 billion in 2014. In 2015, however, remittances fell slightly to $20.77 billion.
According to the report, the top two sources for Nigerian diaspora remittances in 2015 were the United States ($5.7 billion) and the United Kingdom ($3.7 billion).
More so, the report showed that Nigeria tops the top ten remittance recipients in Africa by $20.77bn, followed by Ghana ($2.0bn), Senegal ($1.6bn), Kenya ($1.6bn), South Africa ($1.0bn), Uganda ($0.9bn), Mali ($0.9bn), Ethiopia ($0.6bn), Liberia ($0.5bn), and Sudan ($0.5bn).
But, attempts at addressing diaspora voting has never gone beyond the discussion stage. The issue was deliberated at the 2014 National Conference. Former External Affairs Minister, Prof. Ibrahim Gambari, had at the confab, captured the frustrations of millions of Nigerians abroad about their inability to vote.
Expectedly, he blamed the situation on the provision of the relevant sections of the Electoral Act and the Constitution of the Federal Republic, which discriminated against Nigerians living outside the country.
Despite the major leaps recorded by the immediate past leadership of INEC, diaspora voting wasn’t feasible for the 2015 election. With federal lawmakers fixated on returning to office, amending the constitution to accommodate Nigerians abroad was not a priority.
But, this INEC, under Prof. Mahmood Yakubu, seems poised to address the issue, provided the National Assembly plays its part.
This much the chief electoral officer stated when he hosted members of the Senate Committee on Diaspora and Non-Governmental Organizations, led by its Chairperson, Dr. Rose Oko, when they visited the Commission’s headquarters in Abuja.
He urged the National Assembly to expedite action by amending sections of the Constitution and the Electoral Act (2010 as amended) to make way for Nigerians living outside the country to participate in the electoral process and vote.
He said: “INEC believes that Nigerians living outside the country should have the right to vote for a variety of reasons: they are citizens of Nigeria interested in the affairs of their own country; they make considerable contribution to the economy through huge financial inflow to the country; there is a sizable amount of Nigerian citizens living outside the country; and Diaspora voting is consistent with global best practices”.
Professor Yakubu noted that: “Allowing Nigerians living abroad to vote will allow Nigerians in Diaspora to register and vote in their countries of residence”.
He however pointed out that: “for this to happen, several sections of the Constitution and the Electoral Act have to be amended to provide for the legal framework to allow for registration and voting by citizens living in the Diaspora”.
He disclosed that the Commission had identified areas of the Constitution and the Electoral Act which needed amendment and was willing to discuss it with the Committee. He assured that: “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 arising from our interactions today, 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, but the first step towards actualizing that possibility rests entirely on the national assembly because you are the only people who have the powers to amend our constitution and laws,” he said.
Earlier, the Chairperson, Senate Committee on Diaspora and Non-Governmental Organizations, Senator Rose Oko, had told the leadership of INEC that members of the Committee were in the Commission in respect of the quest for Nigerians in Diaspora to be part of the electoral process and to exercise their franchise.
Senator Oko, advised the Commission to look into the possibility of including Nigerians in Disapora to vote, and assured that the Committee would do everything possible to facilitate the amendment of the relevant sections of the Electoral Act to accommodate people living outside the country in the electoral process.
“We in the Senate Committee do believe that we would lend our voice very strongly to the call that Nigerians in Diaspora should be given an opportunity to exercise their franchise to vote in the countries where they are domiciled for a number of reasons,” she said.
By and large, according to analysts, the bulk of the responsibility lies with legislature. Nevertheless, while the National Assembly and the commission enthuse over the prospects of Nigerians in diaspora voting, the need to tidy up what has become perennial logistics challenges back home, would be key.
Also, the challenge of inconclusive elections, resulting majorly from insecurity, might be too much of a distraction for the commission. Still, other analysts believe that these challenges are easily surmountable, if key stakeholders play their statutory role.
Although President Muhammadu Buhari seems indifferent to the 2014 confab report which gave life to the prospects of diaspora voting, he has often expressed willingness to make Nigerians living abroad have a direct say in how their leaders emerge.
In March, while speaking to the Nigerian community in Malabo, Equatorial Guinea, he had said: “The Independent National Electoral Commission will be encouraged to explore the possibility of Nigerians abroad voting in the 2019 general elections. We will do all within our means to fulfill that desire.
“I want all Nigerians to know that I respect them and their right to choose their leaders. Some African countries have started allowing their citizens resident abroad to vote in national elections, so I fully empathise with the desire of Nigerians in the diaspora to vote in national elections,” the President stated.
His optimism in Malabo was slight variance from his rather cautious desire in August 2015, where he stated that it was not feasible to implement the idea presently as there were still many factors militating against its realisation.
Speaking at the 2015 Diaspora Day held at the Presidential Villa, Abuja, with the theme “Diaspora and Nigeria Change Agenda”, he identified some of those factors, which he argued were logistical, to include legislation, huge finance, and confidence in the electoral system.
The Senate President, Sen Bukola Saraki, had also expressed the upper chamber’s commitment as well.
Speaking at the one-day stakeholders meeting on electoral reforms organized by Senate Committee and Policy and Legal Advocacy Center (PLAC), Saraki had said the wish of Nigerians living abroad to participate in the process should be accommodated.
However, while the next round of legislative elections are months away, and with the Sen Ken Nnamani Electoral Reform Committee set to commence work, it is expected that diaspora voting would get serious attention this time.
However, while the electoral commission tasked the National Assembly on ensuring that Nigerians living abroad can vote in future polls, the federal legislature was not so charitable over its criticism of INEC for delays in conducting pending elections into legislative seats.
Both chambers had come down hard on the commission over pending polls, especially in Rivers and Lagos.
While the House of Representatives urged INEC to conduct the elections, Senate threatened to suspend plenary sessions if the electoral umpire fails to conduct all pending re-run elections into legislative positions in Rivers State.
This followed the unanimous adoption of a motion under matters of urgent public importance sponsored by Deputy President of the Senate, Senator Ike Ekweremadu, (PDP) and Senate Leader, Senator Mohammed Ali Ndume, (APC).
In the House, the Minority Leader, Hon. Leo Ogor, (PDP) had sponsored the motion and the Majority Leader, Femi Gbajabiamila (APC) had supported the motion.
Besides the bi-partisan party support that greeted the motion, the National Assembly found inexplicable that those pending elections has not be held, months after court rulings.
They cited breach to the constitution on the part of INEC, which touched on disobeying court ruling on time frame for rerun election, causing under representation of a people, which they say poses danger to democracy.
But INEC has often stated that its inability to conduct the polls bother on insecurity in those areas. Before then, the commission had early this year, said it would not go back to states where it had pending legislative reruns until stakeholders in those areas commit to the safety of electoral personnel and materials.
The commission had lost an ad-hoc staff and serving National Youth Corps member due to violence in Rivers State. However after much agitation, the commission had held a had meeting with stakeholders from Kogi, Anambra, Rivers and Imo State where legislative elections were pending.
For Rivers State, series of peace meetings were held. Governor Nyesom Wike and his immediate predecessor and Minister of transportation, Rotimi Amaechi had met with the heads of security agencies including the DSS and police as a way of deescalating the tension in the state. The two estranged political allies are the leaders of the two major parties in the state, PDP and APC.
However while the elections in Kogi and Imo held, that of Rivers did not hold due to resurgence of violence.
But during the debate on his motion on the floor of the Senate, Sen. Ekweremadu argued “that lNEC had successfully conducted elections in the North-East of Nigeria, especially in the areas around Sambisa Forest, in spite of the area having been acknowledged worldwide to be ravaged by terrorist activities.
“Also aware that INEC recently conducted successful elections in Edo State even after security advice from Police and DSS forced a rescheduling of the election date.
Ukaibe is a public affairs analyst.
The state chairman of the party, Dr Babandi Gumel, disclosed this in a statement signed and made available to journalists on Saturday.
According to the statement, the Jigawa PDP received news of Alhaji Lamido’s suspension with “profound shock and disappointment”.
The statement added that the suspension, which was reportedly based on allegations that Alhaji Lamido attended meetings capable of undermining party unity, amounts to an affront to justice, internal democracy and the reconciliation efforts recently championed by the PDP leadership.
The party stressed that the exercise of legal and constitutional rights within the party should not be interpreted as an act of disunity. It recalled that Alhaji Lamido approached the court after he was allegedly denied the opportunity to purchase a nomination form to contest the position of National Chairman of the PDP.
The statement further noted that the Federal High Court in Abuja, presided over by Justice Peter Lifu, ruled in Alhaji Lamido’s favour by restraining the PDP from proceeding with its national convention until his right to contest was determined.
The Jigawa PDP argued that the suspension appeared to be a punitive action against Alhaji Lamido for seeking judicial redress over an issue on which the court had already found merit.
The party also faulted the decision of the BoT for contradicting recent public statements by its chairman, Senator Adolphus Wabara, who had emphasised reconciliation within the party, admitted past mistakes and appealed to aggrieved members to return fully to the PDP fold.
However, it maintained that suspending a founding member who sought justice through legal means runs contrary to the spirit of reconciliation and healing publicly advocated by the party leadership.
The chairman said the suspension was premature and prejudicial, as the matter remains before the courts. He also described Alhaji Lamido as one of the few founding fathers of the PDP who has remained loyal to the party without defecting, warning that punishing such loyalty sends a negative signal to other committed members.
The party further argued that the action undermines party unity at a time when the PDP requires cohesion to effectively challenge the ruling All Progressives Congress (APC). It also insisted that there is no provision in the PDP constitution that allows for the suspension of a “life member”.
The party called on the BoT to immediately and unconditionally withdraw the suspension of Alhaji Lamido.
It also demanded that the BoT publicly affirm the right of all party members to aspire to leadership positions in line with the party’s constitution and the laws of the country, without fear of victimisation.
It further urged the BoT to retrace its steps, align its actions with its reconciliation agenda, and tender an apology to Alhaji Lamido.
The Jigawa PDP reaffirmed its commitment to a united, democratic and law-abiding Party.
In a statement signed by its Executive Director, Comrade Auwal Musa Rafsanjani, CISLAC warned that if proven, such actions would amount to a serious breach of constitutional order, legislative integrity, and public trust.
The organisation noted that Nigeria’s law-making process is clearly defined by the Constitution, stressing that any alteration of a bill after parliamentary passage undermines democratic governance and the principle of separation of powers.
CISLAC further emphasised that taxation has direct implications for citizens, businesses, sub-national governments, and the overall economy. It stated that uncertainty or a lack of transparency in tax legislation could erode investor confidence and raise concerns about accountability and the possible abuse of executive power.
The organisation described the situation as particularly troubling given the rare inclusive, and thorough public consultation that shaped the law’s final provisions prior to its passage.
“This process brought together taxpayers, civil society groups, professional organisations, the private sector, labour unions, local governments, and technical experts, ensuring that diverse viewpoints were considered and carefully balanced.
“Any unilateral changes to these agreed-upon provisions, made outside the established legislative process and without renewed public engagement, not only breach public trust but also violate the fundamental tax principle of representation, which holds that citizens must have a meaningful voice in shaping the laws that govern how they are taxed. Such actions undermine democratic accountability, weaken the legitimacy of the tax system, and risk eroding public confidence”, it noted.
CISLAC expressed particular concern that uncertainty surrounding the authenticity of the tax law, coming at a time when a new tax regime is expected to take effect, could exacerbate the economic hardship already faced by many Nigerians.
It observed that citizens are contending with rising living costs, inflationary pressures, declining purchasing power, and reduced access to basic services, warning that implementing a disputed tax framework under such conditions, risks deepening inequality, discouraging compliance, and fuelling public resentment.
The organisation stressed that tax reforms must be anchored in clarity, legality, fairness, and social sensitivity, cautioning that any tax system introduced without full transparency, adequate public communication, and legislative certainty undermines voluntary compliance and weakens the social contract between the state and its citizens.
As part of its recommendations, CISLAC called on the Presidency to urgently publish the exact version of the tax law assented to, alongside the authenticated copy passed by the National Assembly, to allow for public and institutional verification.
It also urged the leadership of the National Assembly to promptly exercise its oversight powers to determine whether the assented law reflects the will of the legislature, including a review of the enrolled bill process.
The organisation maintained that any discrepancy discovered should be treated as unconstitutional and addressed through lawful means, such as the re-transmission of the correct bill or judicial interpretation where necessary. It further called for an independent review of the process by relevant institutions, including the Office of the Attorney-General of the Federation and, where required, the judiciary, to establish the facts and assign responsibility.
CISLAC noted that the controversy highlights the urgent need to strengthen safeguards at the legislative and executive interface. It recommended measures such as digital tracking of bills, public access to enrolled legislation, and more transparent assent procedures.
CISLAC emphasised that the issue is not about partisan politics but about safeguarding the integrity of Nigeria’s democratic institutions. It warned that allowing any arm of government to unilaterally alter laws passed by another sets a dangerous precedent and weakens constitutional democracy.
The organisation urged all parties involved to act with restraint, openness, and fidelity to the Constitution, noting that Nigerians deserve laws that reflect due process, the public interest, and the collective decisions of their elected representatives.
CISLAC added that it will continue to monitor developments and engage relevant stakeholders to promote accountability, transparency, and the rule of law in Nigeria’s governance processes.
