A BILL FOR AN ACT TO AMEND THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AND THE ELECTORAL ACT TO PROVIDE FOR DIASPORA VOTING, AND FOR RELATED MATTERS
Date: 16th December 2023
Sponsored by: Hon. Chimazuru Ignatius Nnadi-Oforgu
Enacted for the National Assembly of the Federal Republic of Nigeria:
PART I: PRELIMINARY
1. Short Title
This Act may be cited as the Diaspora Voting Act, 2024.
2. Commencement
This Act shall come into force on the day it is signed into law by the President of the Federal Republic of Nigeria.
3. Objectives
The objectives of this Act are to:
a. Provide for the participation of Nigerian citizens residing abroad in the electoral process.
b. Enhance the inclusivity and representation in Nigerian elections.
c. Strengthen the integrity and transparency of the electoral process.
d. Promote greater engagement and contributions from Nigerian diasporas.
e. Restore public trust and confidence in the Nigerian electoral system.
f. Prevent electoral malpractices such as rigging and manipulation of results.
PART II: AMENDMENTS TO THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
4. Amendment of Section 77 of the Constitution
Section 77 of the Constitution of the Federal Republic of Nigeria is hereby amended by the insertion of the following subsection:
(3) Notwithstanding the provisions of subsection (1) of this section, Nigerian citizens residing outside the territory of Nigeria shall have the right to participate in national and state elections through diaspora voting, in accordance with the provisions of this Constitution and any other relevant laws.
5. Amendment of Section 117 of the Constitution
Section 117 of the Constitution of the Federal Republic of Nigeria is hereby amended by the insertion of the following subsection:
(3) Notwithstanding the provisions of subsection (1) of this section, Nigerian citizens residing outside the territory of Nigeria shall have the right to participate in national and state elections through diaspora voting, in accordance with the provisions of this Constitution and any other relevant laws.
PART III: AMENDMENTS TO THE ELECTORAL ACT
6. Amendment of Section 13 of the Electoral Act
Section 13 of the Electoral Act is hereby amended by the insertion of the following subsections:
(3) The Independent National Electoral Commission (INEC) shall establish and maintain a register of eligible Nigerian citizens residing abroad who wish to participate in diaspora voting.
(4) The procedures for the registration of diaspora voters shall be prescribed by the Commission, ensuring that such procedures are accessible, transparent, and secure.
7. Amendment of Section 27 of the Electoral Act
Section 27 of the Electoral Act is hereby amended by the insertion of the following subsections:
(3) The Commission shall provide for diaspora voting in national and state elections, ensuring that eligible Nigerian citizens residing abroad can vote through secure electronic voting systems, postal voting, or other approved methods.
(4) The Commission shall ensure that diaspora voting is conducted in a manner that guarantees the integrity, transparency, and security of the electoral process.
8. Amendment of Section 52 of the Electoral Act
Section 52 of the Electoral Act is hereby amended by the insertion of the following subsections:
(3) The Commission shall adopt secure electronic voting systems for diaspora voting, incorporating advanced technologies such as biometric verification and blockchain to ensure the integrity and security of the voting process.
(4) The Commission shall eliminate manual accreditation and voting processes for diaspora voters, implementing secure electronic systems to prevent rigging and manipulation of results.
PART IV: IMPLEMENTATION AND LOGISTICS
9. Responsibilities of the Independent National Electoral Commission (INEC)
(1) The Commission shall:
a. Develop and implement a comprehensive framework for diaspora voting, including registration, voting procedures, and result collation.
b. Conduct pilot programs in select countries with significant Nigerian populations to identify and address potential challenges.
c. Collaborate with relevant stakeholders, including Nigerian embassies and consulates, to facilitate the registration and voting of diaspora citizens.
d. Ensure the deployment of secure electronic voting systems, incorporating biometric verification and blockchain technology to enhance the security and transparency of the electoral process.
e. Provide voter education and awareness campaigns to inform diaspora citizens about the voting process, technology used, and the importance of their participation.
f. Ensure that robust technical support and cybersecurity measures are in place to protect the integrity of the voting process.
g. Establish a continuous monitoring and response system to detect and mitigate any threats to the electronic voting infrastructure.
10. Responsibilities of Nigerian Embassies and Consulates
Nigerian embassies and consulates shall:
a. Assist in the registration of eligible diaspora voters.
b. Provide secure locations for the collection and submission of postal votes.
c. Facilitate the implementation of electronic voting systems for diaspora citizens.
d. Serve as information and support centers for diaspora voters, addressing queries and providing necessary assistance throughout the electoral process.
e. Ensure compliance with local laws and regulations in the host countries regarding the conduct of diaspora voting.
11. Voter Education and Awareness
(1) The Commission shall:
a. Conduct comprehensive voter education campaigns to inform diaspora citizens about the new voting processes, technology used, and the importance of their participation.
b. Utilize online platforms, social media, and partnerships with diaspora organizations to ensure widespread dissemination of information.
c. Develop and distribute educational materials, including guides, FAQs, and instructional videos, to assist diaspora voters in understanding and navigating the voting process.
d. Organize webinars, workshops, and community meetings to engage with diaspora communities and provide detailed information and support.
12. Security Measures
(1) The Commission shall:
a. Implement advanced cybersecurity measures to protect the integrity of the electronic voting systems.
b. Conduct regular audits and updates to the system to maintain its reliability and security.
c. Establish continuous monitoring and response protocols to safeguard the voting process from potential threats.
d. Collaborate with international cybersecurity experts and organizations to ensure that the electronic voting systems adhere to global best practices and standards.
e. Develop contingency plans to address potential technical issues or cyber-attacks, ensuring minimal disruption to the voting process.
13. Financial Provisions
(1) The Federal Government shall provide the necessary funding for the implementation of diaspora voting and the adoption of secure electronic voting systems.
(2) The Commission shall prepare a detailed budget for the implementation of these measures and submit it to the National Assembly for approval.
(3) The Federal Government may seek financial and technical assistance from international organizations and development partners to support the implementation of diaspora voting and secure electronic voting systems.
PART V: MISCELLANEOUS PROVISIONS
14. Interpretation
In this Act, unless the context otherwise requires:
“Commission” means the Independent National Electoral Commission (INEC).
“Diaspora voter” means a Nigerian citizen residing outside the territory of Nigeria who is eligible to vote in national and state elections in accordance with this Act.
“Electronic voting system” means a secure digital platform used for casting and counting votes, incorporating technologies such as biometric verification and blockchain.
15. Citation
This Act may be cited as the Diaspora Voting Act, 2024.
EXPLANATORY MEMORANDUM
This Bill seeks to amend the Constitution of the Federal Republic of Nigeria and the Electoral Act to provide for the participation of Nigerian citizens residing abroad in the electoral process through diaspora voting. It aims to enhance inclusivity and representation, strengthen the integrity and transparency of the electoral process, and promote greater engagement and contributions from Nigerian diasporas. The Bill also provides for the implementation of secure electronic voting systems to eliminate manual accreditation and voting processes, thereby preventing rigging and manipulation of results. By adopting these measures, the Act aims to restore public trust and confidence in the Nigerian electoral system, ensuring that elections produce leaders who genuinely represent the will of the people and are capable of addressing Nigeria’s pressing issues.
16th December 2023
Sponsored by
Hon. Chimazuru Ignatius Nnadi-Oforgu
cc. Senate President
cc. House of Representatives Speaker
Hon. Chima Nnadi-Oforgu
Duruebube Uzii na Abosi
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