A leader of the All Progressives Congress and Special Adviser on Diaspora Coordination and Mobilisation to the APC National Chairman, Prof. Tai Balofin, has said that Nigerians living outside the country still have their rights to political association and participation as stated in the constitution.
Balofin, who is also the Chairman of APC USA, made this known in a statement on Thursday in Abuja. This followed a recent Federal High Court decision that said the party’s diaspora chapters are unconstitutional.
He said that while they respect the court's decision, they believe it does not take away the rights of Nigerians abroad to join political groups, express their political views, and support political parties.
“Our position is clear and non-negotiable. We remain APC Diaspora without let or hindrance,” he said.
“We remain APC USA, APC UK, APC Canada, APC Europe, APC Asia, and all other APC Diaspora Chapters worldwide.”
Balofin pointed out that the APC Constitution recognizes diaspora chapters under Article 31. This article states: “There shall be established external branches and chapters of the Party in the diaspora whose activities shall be governed by the provisions of this Constitution.”
He explained that this provision raises a constitutional issue that the party’s national leadership is already looking into.
“That provision creates a clear constitutional question between the Party Constitution and the electoral laws cited by the court, a matter which is for the national leadership of the party to handle and reconcile. The Legal Department of the party is already working on it,” he said.
He also noted that no matter the legal status of the diaspora chapters, Nigerians abroad are still covered by Sections 39 and 40 of the 1999 Constitution. These sections guarantee their rights to freedom of expression, association, and peaceful assembly.
Balofin urged APC members in North America, Europe, Asia, the Middle East, Oceania, and Africa to stay calm and keep supporting the party while they wait for the legal process to unfold.
“We remain loyal, law-abiding, and fully aligned with the national leadership of the party while the legal issues are being resolved,” he added.
This statement came after a recent ruling by the Federal High Court in Abuja. The court said that setting up and running political party chapters outside Nigeria goes against the 1999 Constitution and the Electoral Act.
The court ruled that while Nigerians abroad have the constitutional rights to freedom of association and expression, neither the Constitution nor the Electoral Act allows political parties to create official structures or chapters outside Nigeria.
This judgment has sparked more discussions about the political involvement of Nigerians in the diaspora. These Nigerians send back billions of dollars each year in remittances, but they have yet to get constitutional backing for diaspora voting.
Despite the ruling, Balofin stressed that the judgment only looked at the legal status of political party chapters abroad. It does not stop Nigerians in the diaspora from identifying with political parties, gathering support for them, or taking part in lawful political activities.
He mentioned that the party’s legal team is reviewing the judgment and will advise the APC national leadership on the next steps to take.





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