Evidence · Rules and law

Rule

what a Nigerian abroad can and cannot lawfully do

Figures below refer to 15 July 2026 unless stated otherwise.

The claim

Three hard legal limits apply to diaspora political participation.

Figures

1) NO DIASPORA VOTING. Out-of-country voting does not exist in Nigerian law and is not available for the January 2027 election. The Electoral Act 2026 contains no provision for it; it requires a constitutional amendment, since section 77(2) ties voter registration to residence in a constituency. Bill HB.22 passed second reading in July 2024 and has not completed passage; the equivalent measure was defeated 87–269 in the 9th Assembly. 2) NO FOREIGN CHAPTERS. On 15 July 2026 the FCT High Court (Justice Peter Kekemeke) declared that Nigerian political parties may not lawfully maintain chapters abroad, dissolved APC's UK and all foreign chapters, voided the UK congress and ordered APC to disclose diaspora donations to INEC, with fines and imprisonment flagged for those running chapters or collecting dues. 3) NO FOREIGN FUNDS. Constitution section 225(3)(a) bars parties from holding funds outside Nigeria; Electoral Act 2026 section 89(b) makes retaining foreign funds an offence with forfeiture to INEC and a minimum ₦5m fine.

The counter-argument

Whether a Nigerian citizen resident abroad may lawfully donate to a CANDIDATE under section 92(8) is genuinely unsettled. Advise getting Nigerian legal advice; do not give a confident answer either way. Also check whether the 15 July ruling has been appealed or stayed.

Sources

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