Afis:
It is interesting but unnecessary to be re-litigating this issue of Diaspora Voting in Nigeria in cyber-space, when in fact it has been litigated in the judicial courts in Nigeria as far back as 2009. Here is a report:
QUOTE
Nigerian Federal Court Orders INEC to Allow Nigerians Abroad to Vote
Author: Mobolaji E. Aluko | January 28, 2009
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.
2. 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.
3. 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.
Nigeria Diaspora Voting Class Action Suit Plaintiffs'
List S/N Name City & 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
For more information, please contact Ms. Thelma Horton (NDERG Executive Director) Thelmahorton2007@yahoo.com 919-636-5958 Nigerian Diaspora Electoral Reform Group NDERG
UNQUOTE
I was even thinner then:
Hakeem Bello, Femi Falana, Bolaji Aluko (July 2007)
Since then, both INEC and the National Assembly have accepted the notion of Diaspora Voting in situ - that is where they reside, properly called External Voting - and are merely working cooperatively towards mechanisms to put it in place in a credible manner. Amendments in INEC law which will (among many other things) enable eligible Nigerian Diasporans to register and vote abroad are winding their way through the National Assembly as we write (Senate Bills 231: a Bill for an Act to Amend the Electoral Act, No. 6, 2010 and for other matters connected therewith (Senator Tijjani Y. Kaura - Zamfara North)). [Note that the Nigerian in Diaspora Commission Bill is SB 230 (in Senate) and HB 160 (in House of Representatives).
Just like voting within Nigeria is not currently mandatory, voting abroad (external voting) will also NOT be mandatory. So those who do not wish to avail themselves of that external voting right, including those "Nigerians" who for various reasons do not consider themselves Nigerians (but merely carry Nigerian passports for convenience) will be free to opt out.
I simply do not understand so much venting on this litigated matter.
Bolaji Aluko
On Mon, Jan 16, 2017 at 2:10 PM, afis 'Deinde <odidere2012@gmail.com> wrote:
--".........we've reduced it to mere tasks-dependent citizen-country responsibility and IGNORED the GREATER fundamental reasons for practicing voting abroad, including national pride and citizens empowerment abroad, democracy and patriotism promotion, and effective diplomatic or ambassadorial utility.".......JUI.Afis comment: "National pride....citizens empowerment abroad, democracy and patriotism".........yadiyadiyada! JUI is blowing hot Grammar once more.I thought Big Turenchi was "skin off our back" at the Latter Day Church of Lies in 2016 , like a Wharfsnake shedding its skin to grow anew for 2017?JUI, please define "National pride". Tell us how Refugees summon all courage to be proud of a country that stole their Youths and normal Lives!JUI, pls Define "Citizen empowerment abroad without social amenities at Home".Who are you "empowering" abroad when those at Home-ground are less empowered and mostly disenfranchised?Charity, like Patience, is a beautiful lady who needs Home nurturing first. It is how you nurture Lady Charity at Home that brings out her glows and pride and beauty to the outside world.JUI, how is Nigeria's Lady Charity back home?Has she been nurtured, and groomed and taken good care of?I hope Lady Charity is not being Raped and Molested again by Mr. Change.The last time Lady Charity came out so happy in 1999, she was bamboozled, molested, her youth Stallone, her vote stolen and she was publicly Deflowered.Now comes a Fulani who grew up in a society where Lady Charity's flower is plucked at age 10.JUI, go preach your "Citizen Empowerment" crapola from Home.Let poor and disenfranchised and raped Lady Charity at Home feels the impact of her government in a positive way, before you sell "empowerment" to those already "empowered" by their Diaspora-Hosts.You crack Man-Afis up, bro.You love big Turenchi Tales to St Nowhere.Tomorrow you come back again and throw more big words, more Turenchi more self serving "all sides and no sides" words, but sounds good.......words that help no one and offend none.It is the quintessential Wu Wei philosophy, don't shake no tree, just go with all Flows.To you guys that's how you get along.That's how you stay in the "corrupt loop".JUI, you are becoming comical.You are very smart, but you ain't fooling Afis.ShikenaAfisSent from my iPhoneGen Williams,
It appears some of us have essentially double-down on the broader significance of Voting Abroad; we've reduced it to mere tasks-dependent citizen-country responsibility and IGNORED the GREATER fundamental reasons for practicing voting abroad, including national pride and citizens empowerment abroad, democracy and patriotism promotion, and effective diplomatic or ambassadorial utility.
If you observe out there, collection of pittance from taxes is the last reason that industrialized nations and developing countries like Ghana, Senegal, Equatorial Guinea or Iraq are practicing Voting Abroad by non-resident citizens.
Take care. JUIOn Jan 13, 2017 4:20 PM, "'ishola williams' via OkonkwoNetworks" <okonkwonetworks@googlegroups.--com > wrote:--Citizens not only have rights but must also fulfill their responsibilities to the Country.In cases of Permanent (or long-term illegal) Residency/Dual Citizenship,there are deem to have dual responsibilities especially in case of living in a developed country like USA and in Europe and developing one like Nigeria.The tendency is to be more responsible in a developed country for well-known reasons.Are the remittances by individuals with the above status,a fulfillment of reponsibilities to the country or the extended families and communities?If the answer is yes,is that enough to earn voting rights?How do other millions without families abroad benefit from these remittances? We also know that many do not earn enough to remit a cent while others have not lost contact with friends and extended Families and they do not care.Those with Businesses in the country are in a separate entity.What about the costs of external voting? Who will pay when presently,INEC spends about 700million Naira for on average for each state Guber elections within the country?Will INEC need to send Commissioners abroad with staff or allow the Ambassador appointed by the party in power supervise the elections or remote Voting?It is obvious to all of us that the Parties who have the Resources will need forex for campaigns abroad or will their supporters abroad cover the costs and even sponsor candidates at home with their own contributions like US Super Pacs.It will be interesting to read the attached long essay because the next step is to ask for Representation at NASS.At the end of the day,what are extra benefits that we can get from Non-Resident voting and Representation as already there is Mr Gbajabiamila who can be said to be a Non-Resident Representative.iw for shaking for voting with responsibility to country and community through 2% tax on remittances.Ishola Williams Maj-Gen. (Rtd)E-mail: isholawilliams@yahoo.comwebsite: www.panafstrag.orgOn Friday, January 13, 2017 3:05 PM, 'Afis Deinde' via AfricanWorldForum <africanworldforum@googlegroups.com > wrote:
Those who want voting abroad may find themselves the losers at the mercy of ANY ruling cabal. Abroad votes may become sources of sure-votes for ANY ruling party.
ShikenaAfis"Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame." — Dhamapada, verse 81.Sent from my iPhone--The Table and Refs below show the list of countries [big, small or raggedy] that practice voting abroad. The Billion Dollar Question is: Why Not Nigeria? Besides, if the Nigerian Diaspora Community is so resourceful and able to be the target of Govt Bond, why is enfranchisement a problem?In the apt words of Joseph Mayton, in his Guardian article: ""Voting abroad is every citizen's right"" [see full-text below], "By giving the right to vote to citizens living abroad, countries will soon discover that it means the betterment of society on all levels: economic, social and political. As Mexico and Iraq learned, by casting a ballot citizens began to seek out a means to better their native countries. This is a lesson we all should learn, because by voting, we show our ability and willingness to participate in more than a single vote: it can be a moment that enables citizens to take action for their native societies.""…….Unquote! Take care. JUI
Countries and territories with current provisions for external voting<image002.png>There are various known cases (E.g. parliamentary and presidential elections in Ghana in 2008) where, despite there being some kind of constitutional or legal provisions making voting from abroad possible, it has not materialized due to the lack of the political, legislative, financial or administrative agreement required for it to be regulated or organized. This provides evidence of the increasing relevance of external voting on the political and electoral agenda in several regions of the world, as well as of the polemics involved in debates on its relevance and feasibility and the varied complexities of decision making.Countries where external voting provisions exist but are still to be implemented<image003.gif>------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ -----------
Voting abroad is every citizen's right
""By giving the right to vote to citizens living abroad, countries will soon discover that it means the betterment of society on all levels: economic, social and political. As Mexico and Iraq learned, by casting a ballot citizens began to seek out a means to better their native countries. This is a lesson we all should learn, because by voting, we show our ability and willingness to participate in more than a single vote: it can be a moment that enables citizens to take action for their native societies.""Joseph Mayton [From refugees to those on business overseas, all expats should have the chance to engage with their democracy at election time. A British citizen living overseas chats to a Conservatives Abroad worker registering voters for the 2010 general election in Madrid, Spain. Photograph: Jasper Juinen/Getty]Theguardian - Wednesday 21 July 2010 06.30 EDT First published on Wednesday 21 July 2010 06.30 EDTAs someone who has voted while living outside my native country, I find it disconcerting that around 100 countries worldwide don't allow their citizens this same right. Unsurprisingly, a vast majority of those that bar citizens from casting a ballot are developing countries, including Morocco, Egypt, Turkey, Armenia and Botswana. It needs to change.It's not difficult to see why some countries don't allow citizens residing abroad to vote. Lebanon, for example, has some 12 million citizens living outside the country compared with only around 4 million inside – so in theory absentee voters could determine the outcome of any election. Meanwhile in Egypt, where one party has ruled for three decades, it's widely believed that citizens living abroad would be less likely to support the status quo.That aside, though, there is an important principle at stake: all citizens should have equal rights, regardless of where they happen to be at election time. Maria Gratschew, co-author of a handbook, Voting from Abroad, argues that "external voting is highly relevant to the many people who are travelling or working around the globe". It is also pertinent, she writes, for "refugees and others who may be forced to live outside their country of origin due to political circumstances and who wish to participate in any democratic transition from authoritarian rule or violent conflict".A case in point is Sudan, where a referendum on north-south separation is due to be held next year. The question of external voting is extremely relevant, especially considering the UNCHR's statistics of hundreds of thousands of southern Sudanese currently residing outside the country due to fears of violence if they return. By having a chance to vote, the refugees and those in exile would be able to play a direct role in the future of their native land.Elsewhere, Turkey is in the middle of drafting new legislation that will allow any citizen living abroad to cast a vote. This follows a ruling by the European court of human rights ruled that forcing people to travel long distances to vote is a violation of the European convention on human rights. In today's globalised world, where millions of people live outside their country of origin, it makes sense to allow them to vote from wherever they happen to be. Think of it this way. As a citizen of any of the 115 or so countries that allow people to vote from abroad, what would be your reaction if you weren't given the opportunity to cast a ballot? It would be angering, frustrating and confusing. You would feel deprived of a say in your country's future.Mexico, Iraq and Mali are countries that have in the past few years allowed citizens living abroad to vote – and this highlights a further difficulty. It cost Mexico about $27m and the first Iraqi experience of external voting ended up costing about $92m, according to the International Institute for Democracy and Electoral Assistance. That's a price that many countries simply cannot afford.Giving citizens the opportunity to vote, wherever they may be living, can have positive results that go beyond participation in choosing their leaders. It results in more direct association and belief in their native country.Here in Cairo, Egyptians living abroad have been demanding the chance to cast ballots, with those residing in the US being the most vocal. While they undoubtedly want a chance to vote against the ruling National Democratic party – which, for the past 30 years has shown an unwillingness to support its people politically, socially and economically – there is a caveat that must be heard, and one that transcends the Egyptian situation.By giving the right to vote to citizens living abroad, countries will soon discover that it means the betterment of society on all levels: economic, social and political. As Mexico and Iraq learned, by casting a ballot citizens began to seek out a means to better their native countries. This is a lesson we all should learn, because by voting, we show our ability and willingness to participate in more than a single vote: it can be a moment that enables citizens to take action for their native societies.------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------
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