By
I
have waited this long to gloat so as not to jinx the process, but with so many
more Nigerians in the Diaspora announcing daily their intentions to go back home
to contest various elections in Nigeria, I can and should wait
no more. I believe that it is safe
to gloat, because despite the current delay in passing the Electoral Law 2002
(which seeks to correct many defects of Electoral Law 2001), neither
the National Assembly or the president can hurt Dual/Non-Resident Nigerian
citizens any more, because the Supreme Court has spoken.
Why
the present gloating?
Well,
in a series of previous essays, I
had discussed how our 1999 Constitution and the Electoral Act 2001 which was
signed stealthily (complete with an illegal insertion of an
obnoxious Clause 80(1)) on Thursday December
6, 2001 by President Obasanjo, with
the collusion of Senate President Anyim, was vexing not
only to Nigerian citizens resident abroad, but also to dual citizens wherever they may be living.
The twin vexations were as
follows:
1. Nigerian citizens resident OUTSIDE Nigeria currently cannot register
abroad and hence cannot vote. This
is due to a provision of the 1999 Constitution;
2. The Electoral Law 2001 contained the novel
QUOTE
UNQUOTE
This
provision had been left intact in
Electoral Act 2001. One had hoped
that its enactors would have found
a way to expunge the underlined
phrase (between the stars) because it is what explicitly hobbles Nigerian
citizens residing abroad from easy registration, following which another section of the Electoral Law makes the obvious requirement that you vote where you are registered.
The
ban on dual citizens is contained in the following Section 25 of the Electoral
Law 2001:
QUOTE
UNQUOTE
Section
25 (2) (f) is therefore the culprit subsection, which seems to equate dual
citizenship with tax evasion, pending death sentence, conviction for dishonesty,
adjudged bankruptcy, embezzlement, cultism – or sheer lunacy.
Our
argument in the essays quoted was that both of these provisions were
INCONSISTENT with Sections 25,
28, 66, 107, 137, 142 and 182 of the 1999 Constitution,
which placed no such restrictions on ANY full-fledged Nigerian citizens,
resident or non-resident, dual or
not. Hence we boldly held that
Section 77(2) of the Constitution
and Section 25(2)(7) of Electoral Law 2001 were null and
void and inoperable.
Some
of us were prepared to file a class action suit – financial resources
permitting of course - on behalf of
Nigerians abroad in the fullness of time. But
now, following the March 28 Supreme Court Ruling on the Electoral Law 2001, we
really don’t have to: we can
declare collateral victory and go home happy!
How
is that?
Well,
we got lucky: the 36 states of the Federation had quite a higher stake than ourselves, and on Monday,
January 21, 2002, they filed suit
against the Federal Government, claiming from the Supreme Court:
QUOTE
(iii)
A declaration that the National Assembly has no power to make any law with
respect to the qualification or disqualification of candidates for elections to
be held pursuant to the provisions of the Constitution of the Federal Republic
of Nigeria, 1999 without complying with the requirements of Section 9 of the
Constitution of the Federal Republic of Nigeria, 1999.
(v) it is the House of Assembly of a State and not the National Assembly which has the power to make laws with respect to matters relating to or connected with elections to the office of Chairman or Vice Chairman of a Local Government Council in that State or to the office of Councillors therein.
UNQUOTE
Thus
the real beef of the State
governments was not Nigerians in the Diaspora, but it
was over encroachment of their powers over local governments by the National
Assembly! Fortunately, however,
Claim (iii) (which was also framed
as Issue (iii) arising for determination before the Supreme Court ) was the one
collaterally pertinent to dual citizens protesting Electoral Act 2001 Section
25(2) (f).
Well
what was the Supreme Court ruling on Thursday, March 28, 2002?
The summary portion that concerns us is the following, with Justice
Idris Legbo Kutigi obliging us:
QUOTE
UNQUOTE
Notice
the omission of Section 25 from the exceptions.
Thus we find that Issue (iii) Claim (iii) of the States was upheld,
while Section 25 was one of the many sections found to be inconsistent with
1999 Constitution!
That
spelt the COLLATERAL victory for us dual citizens!
With
respect to Nigerians abroad registration, what we have is a PARTIAL VICTORY.
First, there is another section of the Electoral Law 2001 which was left intact by the Supreme Court ruling and which in fact greatly EXPANDS on who can register to vote in Nigeria. Notice the following:
has attained the age of
eighteen years:
is ordinarily resident, works in, originates from or is an indigene of
the local government area or ward covered by the registration centre;
presents
himself to the registration officers of the commission for registration as a
voter within the period stipulated by the commission for registration of
voters;
is not subject to any legal incapacity to vote under any laws,
Rules or regulations in force in Nigeria……
UNQUOTE
Note
that while Section 77 of the 1999
Constitution stipulates only “
residing in Nigeria at the time of the registration of voters for purposes of
election to a legislative house,” , this Section 2(1) ( c ) of the
Electoral Law 2001 greatly expands Section 77 by including “works in,
originates from or is an indigene of the local government
area or ward…” That
virtually includes everybody who can trace his home to his local government
area or ward, and does not only require residency within the local government
or ward.
That
is an inadvertent blessing to ALL Nigerians, particularly those of us living
abroad.
Secondly,
in the wake of the Supreme Court ruling and the attendant brouhaha over INEC
sleeping on its watch and getting flak for
not registering a single new
voter since 1998, INEC has
now determined that henceforth registration in Nigeria will be a CONTINUOUS process throughout the year.
Consequently, “ the period stipulated by
the commission” spelt out above in
Section 2(d) of Electoral Law 2001 is now ALL YEAR round,
as done in other developed countries where once each citizen turns 18, he or
she will be able to register at some voter registration site close to his or
her residence. In previous exercises, registration had been done over
a period of a month or so just
PRIOR to general elections. Consequently, if you were not in Nigeria at that
particular time to register, you were out of luck with respect to registration
and voting later on!
Consequently,
in the new INEC guidelines with
respect to voter registration, the incapacitation of “* residing in Nigeria at the time of the registration” is
therefore no longer so debilitating. After
all, since general elections are
held between three to four years
apart, any citizen resident abroad who has not gone home within those three or
four years probably does not deserve to
vote!
Thus
the new INEC guidelines make registration for Nigerians living abroad easier
– provided they choose to go home within a three to four year period.
That
is another welcome break.
The
issue of being able to ACTUALLY vote abroad remains outstanding however.
The demand requires a serious re-think.
A
reality check was recently brought to my attention.
We must note that not ALL Nigerians living abroad reside in the
US or Europe or Asia. In fact,
millions more than those of us living in those far away destinations actually
live within spitting distance of Nigerian borders:
in Africa Niger and Mali -
and of course the Sudan!
Imagine
if all of those were now allowed to vote in Ndjamena and Bamako and
Khartoum? How could you tell them
apart from people voting in Minna and Bauchi and Kano?
Or Modakeke? Imagine how
certain votes could actually legitimately swell, leading to unintended
consequences?
So
what is my present position? If
we Nigerians abroad broadly conceived wish to vote, let us book our plane tickets
or swim the oceans – or ride
our carmel caravans - and go home within the borders of Nigeria so to do.
That
is my new position – and I am sticking with it.
So,
Nigerians in the Diaspora, dual
or mono, let us move on, albeit cautiously in light of uncertainties about
Electoral Law 2002 and political violence in the country, and
fully take part in the Electoral Process 2003, as we thank the Supreme Court
for our new relief.
http://www.ngex.com/personalities/voices/mqb111201baluko.htm
MONDAY
QUARTERBACKING The Electoral Bill and
Mobolaji Aluko
November
12, 2001
http://www.ngex.com/personalities/voices/se111701baluko.htm
SATURDAY
ESSAY:
Mobolaji
Aluko
November
17, 2001
http://www.nigerdeltacongress.com/narticles/national_assembly_the_president_.htm
Mobolaji
Aluko
December
2001
http://www.ngex.com/personalities/voices/mwe010302baluko.htm
Mid-Week
Essay:
Mobolaji
E. Aluko
January
3, 2002
http://allafrica.com/stories/200201140564.html
Political
Dishonesty And Judicial Impropriety
This
Day (Lagos) ANALYSIS January
14, 2002
http://www.vanguardngr.com/news/articles/2002/January/22022002/f4220102.htm
Vanguard