A court in Nigeria has dismissed a lawsuit that sought to allow Nigerians to vote outside the country in the February 25 election for president. The ruling means millions of Nigerians living abroad will have to return if they want to exercise their democratic right. Nigerians abroad contribute billions of dollars per year to the economy through remittances and supporters say the constitution should be amended so they can vote.
The court dismissed the lawsuit citing the constitution, which states that only registered voters ‘residing in Nigeria’ have the right to vote.
The lawsuit, by two Nigerians living in Britain, sought to halt the February 25 election until millions of diaspora voters were included.
The government in 2017 estimated 17 million Nigerians live abroad, though not all of them are 18, the legal age to vote.
The court’s ruling February 15 agreed that Nigerian diaspora should be able to vote, but that it was for lawmakers to decide — not the courts.
Nigerians living abroad had hoped to cast their ballots for president at Nigerian embassies and consulates.
Nigerian Paterson Mgbeoji is a music programmer living in Britain who spoke to VOA via Zoom.
“I feel sad, I would have really loved to cast my vote and vote for my own preferred candidate because it is a very crucial election and Nigeria is at a tipping point where we need to get the leadership right going forward,” he said.
There are 18 candidates running for president in Nigeria’s election Saturday.
The frontrunners are former Vice President Atiku Abubakar, former Lagos state Governor Bola Ahmed Tinubu, and former Anambra state Governor Peter Obi.
Nigerians living outside the country can still vote — but only if they have a Nigeria address and fly home to cast their ballot, which most cannot afford.
The Abuja-based Nigerians in Diaspora Commission says Nigerians abroad sent more than $20 billion back home in 2021 - the highest in sub-Saharan Africa.
Despite their contribution to Nigeria’s growth, diaspora have struggled to get support for voting from abroad.
Nigerian lawmakers a year ago voted against a bill to allow diaspora voting.
Nigerian human rights lawyer and founder of social justice group Citizen Gavel, Nelson Olanipekun, spoke to VOA via a messaging application.
“Those in diaspora cannot be easily influenced by Nigerian politicians and that seems like the possible excuse or rationale why the politicians refuse to amend the law to allow that provision,” he said.
Olanipekun says Nigerians abroad should be able to vote for their leaders because their government affects them wherever they are.
Festus Okoye is chairman of Nigeria’s Information and Voter Education Committee of the Independent National Electoral Commission.
He spoke to VOA via a messaging application.
“The position of the commission has been very clear in this case. The commission supports diaspora voting but we made it clear that diaspora voting cannot take place within the existing electoral legal framework,” he said.
One of the plaintiffs of the failed lawsuit for diaspora voting, Kenneth Nkemnacho, posted on Facebook that they would appeal the case.
