INEC Seeks Constitutional Amendment to Enable Diaspora Voting

The Independent National Electoral Commission (INEC) is pushing for key constitutional amendments to expand voting rights to Nigerians in the diaspora, inmates, and citizens involved in essential services during elections.

The proposals are part of a broader set of electoral reform recommendations contained in INEC’s newly released document titled “Issues and Contentions in the Electoral Legal Framework: An Overview from INEC’s Submission.”

According to the commission, the aim is to make Nigeria’s elections more inclusive, transparent, and efficient by addressing current limitations in the electoral framework.

INEC is advocating for amendments to the 1999 Constitution and the Electoral Act (EA) 2022 to legalize early, special, out-of-country, and diaspora voting, ensuring that eligible voters, regardless of location or circumstance, are not disenfranchised.

“Amend Sections 12 and 45 of the EA 2022 to provide for early/special voting… for eligible voters on essential services, election personnel, those under incarceration, and Nigerians in the Diaspora,” the commission stated.

The commission is also calling for a modernization of the voter identification process, suggesting that electronically downloadable voter cards or other approved digital IDs be accepted in place of traditional PVCs.

“Review Sections 47 and 16 of the EA 2022 to allow alternative forms of identification acceptable to the commission,” the document added.

INEC’s recommendations extend to institutional reforms, proposing the establishment of:

• An Electoral Offences Commission to investigate and prosecute election-related crimes
• A Political Party Regulatory Agency to oversee party operations, internal democracy, and compliance with legal standards

These reforms would involve amending several sections of the Electoral Act to transfer party regulation functions from INEC to the proposed agency.

In addition, INEC has suggested granting it the authority to appoint and discipline Heads of State and FCT Offices, which would enhance administrative control and streamline election management nationwide.

The commission emphasized that these reforms are grounded in its operational experience, feedback from election observers, judicial interpretations, and stakeholder consultations.

While acknowledging that the Electoral Act 2022 brought significant progress, INEC insists that further legal refinement is crucial for sustaining Nigeria’s democratic development.

“Electoral legal framework reforms are essential to promote transparency, accountability, efficiency, and effectiveness in the electoral process… not only to resolve present challenges but also to ensure long-term credibility and inclusiveness,” the report concluded.

The proposed amendments have already undergone review by a Joint Technical Committee of the National Assembly and INEC, with legislative action anticipated in the near future.