Diaspora Voting Rights: INEC Seeks Constitutional Amendment

On Monday, the Independent National Electoral Commission reiterated its call for constitutional changes to enable Nigerians living abroad, along with specific groups of citizens inside the nation, to take part in upcoming elections.

In addition to broadening voting access, the commission is pushing for updates to how voter identification is handled to make the process more current.

The suggestions were part of an extensive list of electoral reform recommendations submitted by INEC, designed to enhance the legal framework supporting Nigeria’s voting process.

The paper entitled "Challenges and Disputes within the Electoral Legal Structure: A Summary of INEC's Presentation," highlighted principal domains requiring legal scrutiny and modification.

INEC suggested amending parts of the 1999 Constitution to include provisions for early, special, overseas, diaspora, and incarcerated voting.

The commission stated that this measure would promote inclusivity by allowing qualified Nigerians residing abroad, those in prison, or those involved in crucial services during elections to cast their votes.

"Modify Sections 12 and 45 of the EA 2022 to accommodate early and special types of voting. Include measures allowing for early or special ballots to be cast by essential service workers, electoral staff, incarcerated individuals, members of the diaspora, and Nigerian citizens living abroad who wish to vote from overseas by adding a new subsection 12 (2), along with amending Section 45," said INEC.

Moreover, INEC proposed updating the voter identification system through the use of electronically downloadable voter cards or other types of ID sanctioned by the commission.

"Examine Sections 47 (1) and 16 (1, 2 & 4) regarding the design, printing, management, distribution, and utilization of PVCs to facilitate the implementation of an electronically downloadable voter’s card or another type of identification approved by the commission," the report stated.

Additionally, INEC suggested setting up two new bodies: an Electoral Offenses Commission to look into and pursue charges against election-related offenses, and a Political Parties Regulation Authority to monitor internal party activities and guarantee adherence to statutory requirements.

“Review the Legal Framework to establish (a) an Electoral Offences Commission and (b) Political Party Regulatory Agency.

“This would require the amendment of Sections 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 89, 90(4), 144 and 145 of EA 2022. These provisions border on the powers of the Commission to register/deregister, monitor and regulate political parties be now transferred to the Political Party Regulatory Agency,” the commission added.

Additional suggestions involve granting INEC the power to select and oversee the disciplinary actions for Heads of State and FCT Offices, individuals who act as State Directors of Elections.

The commission contended that this move would enhance administrative oversight and boost the efficiency of election management at every level.

INEC highlighted that these changes stem from comprehensive operational insights, feedback from observers, court decisions, and discussions with stakeholders.

Although the 2022 Electoral Act brought about substantial enhancements, INEC insisted that further legal precision and organizational modifications remain crucial for the ongoing development of Nigeria’s democratic framework.

The commission states that the suggested changes have already undergone review by a Joint Technical Committee consisting of members from the National Assembly and INEC. It is anticipated that legislative actions will be taken soon.

INEC determined that improving the electoral system goes beyond tackling short-term issues and focuses on securing the long-lasting reliability, broad participation, and efficiency of Nigeria’s voting processes.

The report stated, "Reforms of the electoral legal framework are crucial for enhancing transparency, accountability, efficiency, and effectiveness within the electoral process."

It can aid in simplifying the election procedure, improving electoral fairness, clarifying ambiguous sections, eliminating uncertainties, and discarding unnecessary complexities.

These reforms ought to concentrate on a thorough, long-term evaluation of the effects these measures may have, extending beyond the primary issues they aim to address.

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