Abuja, Tuesday, 27th January 2009

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COURT ORDERS INEC TO ALLOW NIGERIANS ABROAD TO VOTE

On May 25, 2007, Nigerians living abroad led by Hon. Hakeem Bello, Professor Bolaji Aluko, Dr. Baba Adam, Mr Uzoma Onyemaechi, Prof. Isa Odidi and fifteen others (see attached plaintiffs' list) approached the Federal High court sitting in Abuja, in a class-action suit no: FHC/ABJ/CS/370/2007 wherein they sought the following reliefs: A declaration that the plaintiffs are entitled to participate in the government of Nigeria by voting for candidates of their choice pursuant to Article 13(1) of the African Charter on Human and People's Rights (Ratification and Enforcement Act) (Cap 10) Laws of the Federation of Nigeria, 1990.

A declaration that the plaintiffs are qualified for registration as voters by virtue of Section 13(1)(c) of the Electoral Act 2006 and Sections 77(2), 117(2), 132(5) and 178(5) of the Constitution of the Federal Republic of Nigeria, 1999. An order directing the defendants to set up registration centers and polling stations of the Federal Republic of Nigeria in all High Commissions And Embassies of the Federal Republic of Nigeria. The plaintiffs' counsel, Mr Femi Falana submitted that by the combined effect of the Article 13 of the African Charter on Human and People's Rights, Section 77 of the Nigerian Constitution 1999 and Section 13 of the Electoral act 2006, Nigerians who are 18 years and above, living overseas are legally qualified to vote for candidates of their choice in any election conducted in Nigeria.

Apart from the several local and foreign authorities cited by Mr Falana, he exhibited a list of member states of the United Nations including 15 African countries that have recognized external voting by their nationals. In their vehement opposition to the suit, the Attorney-General and Independent National Electoral Commission (INEC) through their counsels, Messrs Nelson Anih and Chris Erhabor, submitted that the Nigerian Embassies and High Commissions cannot be used for voting as they do not form part of the constituencies under which elections could be held in Nigeria. They further contended that they have not prevented Nigerians living abroad from traveling home to participate in the electoral process.

In his considered judgment, delivered on 18th December 2008, Justice Adamu Bello held that since Nigerians living abroad have convinced the court that they are entitled to vote and be voted for, it is the constitutional responsibility of INEC to put in place the "relevant machinery to assist the plaintiffs to vote from abroad." While agreeing with INEC that there is no provision for external voting in the law, the Judge stated that "the time is ripe for Nigeria to give its citizens living abroad the opportunity to register and vote from abroad in any election in Nigeria without having to travel for that purpose." Consequently, the Court directed INEC to "approach the National Assembly by sponsoring a bill for the sake of Nigerians in Diaspora and in doing so, it can borrow a leaf from the countries that have already adopted the external voting." In his reaction to the judgment, Mr Femi Falana commended Justice Bello for his incisive and progressive decision which has challenged the Nigerian government to join the comity of democratic nations by recognizing the rights and privileges of our citizens abroad to participate in the government of their country.

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Nigeria Diaspora Voting Class Action Suit – Plaintiffs' List  

S/N. Name, City, State & Country of Residence, State of Origin in Nigeria

1. Hon. Akeem Bello, Chapel Hill, NC, USA [Ogun]

2. Prof. Bolaji Aluko, Burtonsville, MD,USA [Ekiti]

3. Dr. Baba M. Adam, Prescott, AZ, USA [Borno]

4. Mr. Uzoma Onyemaechi, Taylor, MI, USA [Imo]

5. Prof. Isa Odidi, Toronto, Canada [Kano]

6. Dr. Emmanuel Dada, Princeton, NJ, USA [Ekiti]

7. Mr. Segun Ajibulu, Raleigh, NC, USA [Ekiti]

8. Mr. Surajudeen Seriki, Houston, TX, USA [Ogun]

9. Ms. Zainabu N. Sheni, Silver Spring, MD, USA [Plateau]

10. Prof. Adeoye Akinsanya, Austell, GA, USA [Ogun]

11. Mr. Uzoma C. Obi, York, PA, USA [Imo]

12. Oloye Lekan Awojoodu, Burtonsville, MD, USA [Osun]

13. Prince Stephen T. Malu, Gainesville, FL, USA [Benue]

14. Mr. Victor O.A. Adewusi, East Providence, RI, USA [Ekiti]

15. Mr. Kolawole E. Silva-Ope, Dallas, TX, USA [Lagos]

16. Mr. Alex Ike Okeke, Baltimore, MD, USA [Anambra]

17. Sir Tony Nammor, Bladensburg, MD, USA [Delta]

18. Dr. Yemi Oke, Toronto, Canada [Ogun]

19. Mr. Ochi C. Ogbuaku, II, Ajman, United Arab Emirates (UAE) [Abia]

20. Dr. (Mrs.) Oluremi Ajibewa, Gravesend, Kent, UK [Ondo]

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For more information, please contact

Ms. Thelma Horton (NDERG Executive Director)

Thelmahorton2007@yahoo.com ; Tel: 919-636-5958

Nigerian Diaspora Electoral Reform Group NDERG 

Robot  # 1 | 28.01.2009 02:10

In his considered judgment, delivered on 18th December 2008, Justice Adamu Bello held that since Nigerians living abroad have convinced the court that they are entitled to vote and be voted for, it is the constitutional responsibility of INEC to put in place the "relevant machinery to assist the plaintiffs to vote from abroad."...Read the full article.

Law Mefor  # 2 | 28.01.2009 02:51

I like the ruling. Bu of what relevance are there votes when million votes back home are not counted? Desmond Tutu likened democracy to the ecstasy of falling in love. But that is in South Africa or Ghana where voting and counting go on. In Nigeria, there is no such thing for now and I do not see it coming quickly. Let them give us Option A4, if they want such ruling to make sense. Law Mefor

WayoGuy  # 3 | 28.01.2009 05:41

Professor Aluko, et.al., I commend you for the lawsuit. This is a positive step forward and a civilized way of seeking redress. I noticed that the remedy the plaintiffs sought was a declaratory judgment. This is good, but I wonder if the lawsuit also sought an injunction against INEC. In any case, I see that the judge went a little beyond just a declaratory ruling by asking INEC to approach the National Assembly by sponsoring a bill, which makes me even happier than the “declaratory” judgment. Since we know that enjoining INEC to approach the legislature is the best the judge can do, considering that a judge cannot force the legislature to actually pass the bill, let us keep our fingers crossed and hope the legislature will do the right thing and pass the bill to crystallize the declaratory judgment into a structure that we can be proud of. Otherwise, I think plaintiffs will eventually have to file a different type of lawsuit against the Nigerian government. Excellent job. Congratulations.

Kay Soyemi (Esq.)  # 4 | 28.01.2009 07:08

:hail::hail::hail: Truly a way forward, if INEC complies and puts in foolproof means for ensuring the votes in Diaspora counts. At least, this would start to give a voice to Nigerians outside of Nigeria in deciding the fate of their country instead of being perceived as toothless cyber-warriors with no bite. Hopefully, with time, this class of currently disenfranchised Nigerians would start to make a meaningful impact in how the country is governed. Bravo, Prof and others:clap::clap::clap:

ikoyiesho1  # 5 | 28.01.2009 08:03

Another feather in your cap Prof!!! Bravo.... I wonder if INEC who can't co-ordinate a peaceful and simple election for a local government of 700,000 can manage A Diaporan population of over 5 Million.. I leave the question to clueless Maurice Iwu..to just prove us wrong for once...

Gongo-aso  # 6 | 28.01.2009 08:44

The usefulness of this ruling is preserved for the future. For now, it is meaningless and hopeless. Votes at home are not counted, so the votes from abroad will make no sense. For experimental purposes though, it would be interesting to see how Nigerians abroad replicate the "election madness" in Nigeria. Imagine someone stealing ballot boxes from the Nigerian embassy in Canada or Australia. That would be interesting and fun to see. Or Nigerians hiring thugs on election day in the US. Still imagine all the underage voters that could come from East London. Nigerians everywhere should get their acts together, ask for credible elections, demand that their votes be counted and do all they can to produce and change political leaders/ public officers. Until these noble things are achieved plus wiping away corruption and corrupt people, diaspora voting is another piece of rubbish. Gongo ti so already...

agbajo owo  # 7 | 28.01.2009 12:46

=Kay Soyemi (Esq.);318805>:hail::hail::hail: Truly a way forward, if INEC complies and puts in foolproof means for ensuring the votes in Diaspora counts. At least, this would start to give a voice to Nigerians outside of Nigeria in deciding the fate of their country instead of being perceived as toothless cyber-warriors with no bite. Hopefully, with time, this class of currently disenfranchised Nigerians would start to make a meaningful impact in how the country is governed. Bravo, Prof and others:clap::clap::clap: You people make me laugh. As much as it is desirable that all Nigerian should be able to vote irrespective of location have we considered the full implication and the avenue we are opening up for rigging. The ruling party "owns" all the ambassadors and the INEC offices will most likely be within the embassies. If you guys in US, Canada and UK can monitor your registration and voting what of the embassie in Cambodia, Myanmar and the likes. Are we going to say the "millions of ruling party's faithful" in those country cannot vote? Please let us put our resources together and concentrate on influencing the people at hoe to vote right and help them to guide their vote.

konkomitant  # 8 | 28.01.2009 14:05

Well done brothers! This is a classic example of how Nigerians in Diaspora can effect changes in the homeland instead of complainig and moaning.

THE VOICE  # 9 | 29.01.2009 03:57

This is a positive development , I hope the court ruling will not be sabotaged. Let's all hands be on deck. Thank you Prof. and all others involved in this class action.

Bolaji Aluko  # 10 | 29.01.2009 07:19

Dear All: As part of the "hands being on the deck", I strongly urge you all to (1) consider joining NDERG by subscribing to NDERG@yahoogroups.com; (2) donate your "widow's and widower's mite" through NDERG. Even a minimum of $10 - but most of you can do far more than that - would be great. Note that NDERG is a registered non-profit Washington DC Corporation with IRS EIN 26-3783307. Our bank information is: Bank of America Acct. No. 4460 0561 7515 Routing No: 052001633 Account Name: Nigerian Diaspora Electoral Reform Group NDERG which will be the easiest way to send money to NDERG. (3) make your suggestions to NDERG as to how (i) to spend the money donated (minimally, we still need to pay the lawyer/give him a reasonable honorarium); (ii) move the ruling forward through legislation writing; (iii) ensure that Diaspora members actually vote in 2011 and beyond; (iv) ensure that our votes and the votes at home count. Best wishes. Bolaji Aluko NDERG Coordinator PS1: Please note that the implication of the Judge's ruling is that by not suggesting a CONSTITUTIONAL amendment, he implies that the CONSTITUTION already guarantees that ALL citizens irrespective of where they are should be able to vote, and that any Electoral Law that incapacitates the Diaspora violates the Constitution. However, he implies that the ELECTORAL LAW must make POSITIVE PROVISIONS for ensuring that voters abroad can vote IN SITU, hence his ordering INEC - or anybody else for that matter - to put a bill before the National Assembly. For example, minimally stipulating Embassy grounds as voting Constituenticies and as polling stations, etc. in the Electoral Law will cure some of the present defects. Requiring citizens to REGISTER at Embassies, hold Nigerian passports (and show such proof) to get Voter ID numbers etc before sending in votes/voting at such Embassies may be other additional provisions. We will all have to come up with all such ideas, similar to how other countries are already doing it. All ideas will be welcome, so that this can be a joint successful effort that we can all be proud of. PS2: Because we are serious about this, NDERG already has an Executive Director (Ms. Thelma Horton, thelmahorton2007@yahoo.com, tel: 919-636-5958), who can be reached for further information.

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