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1. Outcome of the Lawsuit "Court Orders Inec to Allow Nigerians Abroad to Vote" (January 27, 2009) [see below]
2. Summary of Judgement - Table [see below]
3. Certified True Copy (CTC) of the full Judgment. [Date of Ruling in Abuja: December 18, 2008]
http://www.nderg.org/documents/CTC_Diaspora_Vote_Judgment_December_2008.doc
4. First Update "Nigerians Abroad File Class action law suit" [Date of First Hearing: 9:00am, June 25, 2007 in Abuja] [see below]
5. Originating Summons & Initial Affidavit of Filing
http://www.nderg.org/documents/voting_class_action_petition_originating_documents.pdf
6. Press Release on Submission of Draft Bills on voting rights [July 24, 2009]
http://www.nderg.org/documents/NDERG_Press_release_on_drafts_submission_for_voting_rights_July_24_2009.html
7. Draft Bills Versions 1 & 2
Diaspora Voting Draft Bill Version 1 - Nigerian Foreign Resident Participation [Section for insertion Option]
http://www.nderg.org/documents/Nigerian_Foreign_Resident_Participation_[Section_for_insertion_Option]_Version_1.pdf
Diaspora Voting Draft Bill Version 2 - Nigerian Foreign Resident Participation [Chapter Option]
http://www.nderg.org/documents/Nigerian_Foreign_Resident_Participation_[Chapter_Option]_Version_2.pdf
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Abuja, Tuesday, 27th January 2009
COURT ORDERS INEC TO ALLOW NIGERIANS ABROAD TO VOTE
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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.
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.
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)
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
919-636-5958
Nigerian Diaspora Electoral Reform Group NDERG
TABLE: Diaspora External Voting Class-Action Law Suit and Its Judgment – A Summary
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ITEM
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COMMENT
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A
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The Class-Action Law Suit
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1
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Suit No. FHC/ABJ/CS/370/2007
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2
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In the Federal High Court of Nigeria, Abuja Judicial Division
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3
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Originating Summons filed May 25, 2007
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4
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Judgment Delivered by Justice Adamu Bello on 18th December, 2008
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B
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The Plaintiffs
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1
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20 Deponents: Hakeem Bello, Uzoma Onyemaechi, Biodun Dada, Segun Ajibulu, Surajudeen Seriki, Baba Adam, Zainabu Sheni, Mobolaji Aluko, Adeoye Akinsanya, Uzoma Obi, Oloye Awojoodu, Stepehn Malu, Victor Adewusi, Kolawole Silva-Ope, Alex Okeke, Tony Nammor, Yemi Oke, Isa Odidi, Ochi Ogbuaku and Oluremi Ajibewa
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From thirteen states in Nigeria, and resident in four countries around the world
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2
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Counsel – Mr. Femi Falana, assisted by Mr . Sola Egbeyinka
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C
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The Defendants
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1
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Independent National Electoral Commission (INEC) of Nigeria
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2
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Attorney-General of the Federation of Nigeria
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D
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Plaintiffs’ Issues before the Federal High Court in Abuja
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1
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Whether the Plaintiffs are not entitled to be registered for the purpose of voting for their representatives in the Government of Nigeria
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Granted
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2
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Whether the Defendants are not obliged to make provisions to enable the Plaintiffs to register and vote in the Embassies of the Federal Republic of Nigeria in the various countries where they are
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Not Granted
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E
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Reliefs Sought by Plaintiffs
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1
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A Declaration that the Plaintiffs are entitled to participate in the Government of Nigeria by voting for candidates of their choices pursuant to Article 13(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act) (Cap 10) Laws of the Federation of Nigeria, 1990
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Granted
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2
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A Declaration that the Plaintiffs are qualified for registration as voters by virtue of section 1(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
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Granted
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3
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An order directing the Defendants to set up registration centers and polling stations in the Federal Republic of Nigeria in all the High Commissions and Embassies of the Federal Republic of Nigeria
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Not Granted
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F
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Key Statements by the Judge (taken from Certified True Copy)
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1
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“So the question raised by the Plaintiffs regarding Issue number 1 as contained in the Originating Summons, whether as citizens, the Plaintiffs are entitled to participate in the government of Nigeria, becomes a rhetorical one whose answer is known in view of the combined effect of the sections of the Constitution and the African Charter aforementioned, which is that the Plaintiffs as citizens of Nigeria are entitled to participate in the government of Nigeria and to vote and be voted for in any elective office in Nigeria. I have no difficulty in resolving issue Number 1 in favor of the Plaintiffs”
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2
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“All the relevant provisions of the Constitution and the Electoral Act talk about the right of the citizens of Nigeria to be registered as voters in Nigeria at the various designated registration centers scattered throughout Nigeria. There are no express provisions in the Constitution or the Electoral Act for Nigerians living abroad, like the Plaintiffs in this case, to register and vote from abroad as their counterparts in the various countries referred to by the Plaintiffs in 2nd reply to the 1st Defendants counter-affidavit as well as in exhibit “A” attached to the said reply to the 1st Defendant’s counter affidavit. In other words, the right of Nigerian citizens to register and vote or be voted for at any election in Nigeria are only exercisable within the Territorial boundaries of the Nigerian state. In this connection, I am in total agreement with the stand point of the Defendants that for the 1st Defendant i.e Independent National Electoral Commission (INEC) to open registration centers abroad for Nigerians living there to register and vote, at any election in Nigeria, from abroad, it requires an enabling enactment from the National Assembly to that effect……As the law stands today, the Plaintiffs having fulfilled all the Constitutional provisions with regard to the eligibility to participate in any election in Nigeria will have to put up with the inconvenience of having to travel home in Nigeria to register as voters and to participate in the election like any other Nigerian citizen, until such a time when the National Assembly enacts a law that empowers INEC to register Nigerians living abroad like the Plaintiffs in this case, as voters so as to enable them vote from the respective countries in which they live.”
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3
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“Let me hasten to add that I should not be understood to mean that it is not desirable for Nigeria to join other Nations that adopt the external voting. I believe strongly that the Plaintiffs have made a good case and the time is ripe for Nigeria to give its citizens living abroad the opportunity to register and vote abroad in any election in Nigeria without having to travel to Nigeria for that purpose. The Plaintiffs are not under any obligation to sponsor a Bill to the National Assembly to enact the enabling legislation to realize their goal, however the 1st Defendant can approach the National Assembly by sponsoring such a Bill for the sake of Nigerians in the Diaspora and in doing so, it can borrow a leaf from the countries that have already adopted external voting.”
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4
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“In view of all the reasons adduced above and having come to the conclusion that there are no express provisions in the Constitution of the Federal Republic of Nigeria 1999 and under the Electoral Act of 2006 which provide for external voting for Nigerians living abroad, I resolve issue No. 2 in favour of the Defendants. Consequently, having resolved Issue No. 1 in favour of the Plaintiffs, I grant reliefs 1 and 2 subject to my earlier statement that the rights to participate in the Government of Nigeria and to register as voters is exerciseable within the Territorial boundaries of Nigeria. Having resolved the 2nd issue in favour of the Defendants, relief 3 can not be and is not granted.”
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_____________________________________________________________________________________________
First Update - Nigerians Abroad File Class action law suit
DATE OF FIRST HEARING: 9:00am, JUNE 25, 2007 in Abuja
_____________________________________________________________________________________________
June 25, 2007
Dear Compatriots:
We wish to thank you all for all your support so far with respect to this Class action suit. We especially owe deep gratitude to Hon. Akeem Bello for all his efforts INSIDE Nigeria on our behalf.
We are happy to report good progress as follows.
1. on May 25, 2007, we filed both the Originating Summons and the Affidavit of Support in the Federal High Court of Nigeria in the Abuja Judicial Division;
2. on June 6, 2007, we obtained an office Notice of Hearing at the same court, for
3. a first hearing on Monday, 25th June, 2007 at 9:00 am at the court.
The Originating Summons was taken out on our behalf by Femi Falana Esq. of Falana and Falana Chambers, and Hon. Akeem Bello swore the Affidavit of Support.
All the documents bearing the above out have been combined and are attached as a single PDF document herewith. To view the PDF, it is best to enlarge it to about 125%. We encourage you all to print the document out for your files.
In the lawsuit, questions sought for determination are:
1. Whether the Plaintiffs are not entitled to be registered for the purpose of voting for their representatives in the Government of Nigeria
2. Whether the Defendants are not obligatd to make provisions to enable the Plaintifss to register and vote in the embassies of the Federal Republic of Nigeria in the various countries where they are.
Reliefs sought by us the Plaintiffs are:
1. A Declaration that the Plaintiffs are entitled to participate in the government of Nigeria by voting for candidates of their choice pursuant to Articel 13(1) of the African Charter on Human and Peopes; Rights (Ratification and Enforcement Act) (Cap 10) Laws of the Federation of Nigeria , 1990
2. A Declaration that the Plaintifss 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 centres and polling stations in the Federal Republic of Nigeria in all the High Commissions and Embassies of Federal Republic of Nigeria.
Following a set of consultations among all the 20 persons specifically listed on the Class-Action suit, the following decisions were made:
1. that a $100,000 Nigerian DiasporaVoting Class Action Lawsuit Fund be established, contributions to which should be sought not only from those twenty (20) persons listed on the Class Action suit, but also other Diasporans and our friends and even businesses. This fund (roughly N12.5 million) should be sufficient for ALL suit-related expenditures, and that we should all work within that budget.
3. that all contributions to the Fund be facilitated via PayPal and/or Credit Card to be established immediately, with Odidi, Bello and Aluko being fund trustees, and with regular fund updates being provided to those listed on the Class Action Suit as well as to others so interested. An existing NDM Pay-Pal payment scheme has been adopted to kick-start this initiative.
We urge all to begin to contribute generously to this important effort.
4. that in parallel with the lawsuit, both Eminent Nigerians, AND in particular members of the National Assembly, be lobbied as part of the overall effort, so that POSITIVE legislation be written to facilitate the registration and voting of Diaspora Nigerians whereever they may be.
5. A
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listserve has been established to facilitate the discussion of this suit among the persons listed on the lawsuit as well as others who join in the discussions as they ensue and contribute their ideas. All are invited to join the listserve immediately.
Best wishes everyone!
1. Prof. Isa Odidi
2. Hon. Akeem Bello
3. Prof. Bolaji Aluko
4. Mr. Uzoma Onyemaechi
5. Dr. Emmanuel Dada
6. Mr. Segun Ajibulu
7. Mr. Surajudeen Seriki
8. Dr. Baba M. Adam
9. Ms. Zainabu N. Sheni
10. Prof. Adeoye Akinsanya
11. Mr. Uzoma C. Obi
12. Oloye Lekan Awojoodu
13. Prince Stephen T. Malu
14. Mr. Victor O.A. Adewusi
15. Mr. Kolawole E. Silva-Ope
16. Mr. Alex Ike Okeke
17. Sir Tony Nammor
18. Dr. Yemi Oke
19. Mr. Ochi C. Ogbuaku, II
20. Dr. (Mrs.) Oluremi Ajibewa
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