Diaspora voting: INEC is advocating for changes to the constitution

On Monday, the Independent National Electoral Commission reiterated its call for a constitutional amendment that would enable Nigerians living abroad and certain eligible citizens within the country to take part in upcoming elections.

In addition to promoting voting access, the commission is proposing updates to modernize voter identification procedures.

INEC presented a comprehensive set of recommendations for electoral reform, which encompassed proposals aimed at enhancing the legal framework of Nigeria’s electoral system.

Titled “An Overview from INEC’s Submission,” the document highlighted crucial points for legislative review and reform in the electoral legal framework.

The date is 20 April 2025.

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This is an important meeting, and we need to make sure that everyone is present.

INEC suggested amending specific sections of the 1999 Constitution to allow for early, special, out-of-country, Diaspora, and inmate voting.

As per the commission’s statement, this measure would promote inclusivity by allowing eligible Nigerians who are abroad, incarcerated, or performing essential duties during elections to participate in voting.

According to INEC, the EA 2022 should be revised to include early/special voting options in Sections 12 and 45, as well as provisions to accommodate essential service workers, election staff, incarcerated individuals, Nigerian voters living abroad, and out-of-country voting. This can be achieved by adding a new subsection (2) to Section 12 and amending Section 45.

Furthermore, INEC proposed the modernisation of the voter identification process through the implementation of electronically downloadable voter cards or other forms of identification that have been approved by the commission.

According to the report, it is recommended to refer to Sections 47 (1) and 16 (1, 2 & 4) for guidance on the design, printing, control, issuance and use of PVCs. This will enable the commission to consider electronic downloadable voters’ cards or any other form of acceptable ID.

In addition, INEC suggested the creation of two additional bodies: an Electoral Offences Commission to handle cases involving electoral misconduct and a Political Party Regulatory Agency to monitor internal party affairs and ensure adherence to legal requirements.

Take a look at the Legal Framework to establish both an Electoral Offences Commission and a Political Party Regulatory Agency.

“The Commission has stated that in order to transfer the powers of registering/deregistering, monitoring, and regulating political parties to the Political Party Regulatory Agency, Sections 75-80, 81-87, 89-90(4), and 144-145 of EA 2022 would need to be amended.”

Additionally, it has been suggested that INEC be granted the power to both designate and handle issues of discipline for Heads of State and FCT Offices, who hold the position of State Directors of Elections.

The commission proposed that this move would enhance administrative oversight and advance election management at all levels.