From left Prof. Tai Balofin, Hon Femi Odunbaku, Hon Tunde Doherty, Hon Semiu Olanipekun. Photo: APC USA
A chieftain of the All Progressives Congress and Special Adviser on Diaspora Coordination and Mobilisation to the APC National Chairman, Prof. Tai Balofin, has insisted that Nigerians living abroad retain their constitutional rights to political association and participation.
Balofin, Chairman of APC USA, stated this in a statement issued on Thursday in Abuja, while reacting to a recent Federal High Court judgment declaring the party’s diaspora chapters unconstitutional.
He stated that while the group respected the court’s judgment, it believed the ruling did not extinguish the constitutional rights of Nigerians in the diaspora to freely associate, express political opinions 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.”
He argued that the APC Constitution expressly recognises diaspora chapters under Article 31, which 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.”
According to Balofin, the provision presents a constitutional question that the party’s national leadership is already addressing.
“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.
Balofin maintained that irrespective of the legal status of the diaspora chapters, Nigerians abroad remain protected by Sections 39 and 40 of the 1999 Constitution, which guarantee the rights to freedom of expression, association and peaceful assembly.
He urged APC members across North America, Europe, Asia, the Middle East, Oceania and Africa to remain calm and continue supporting the party while awaiting the outcome of the legal process.
“We remain loyal, law-abiding and fully aligned with the national leadership of the party while the legal issues are being resolved,” he added.
The statement followed a recent judgment of the Federal High Court in Abuja, which held that the establishment and operation of political party chapters outside Nigeria are inconsistent with the provisions of the 1999 Constitution and the Electoral Act.
The court ruled that although Nigerians living abroad enjoy the constitutional rights to freedom of association and expression, neither the Constitution nor the Electoral Act authorises political parties to establish official structures or chapters outside the country.
The judgment has reignited discussions on the political participation of Nigerians in the diaspora, who contribute billions of dollars annually in remittances but are yet to secure constitutional backing for diaspora voting.
Despite the ruling, Balofin maintained that the judgment addressed only the legal status of political party chapters abroad and did not prevent Nigerians in the diaspora from identifying with political parties, mobilising support for them or participating in lawful political activities.
He added that the party’s legal team was reviewing the judgment and would advise the APC national leadership on the appropriate next course of action.
Deborah Tolu-Kolawole is a journalist at Punch Newspapers with four years of experience covering Nigeria’s vast education sector as well as related areas such as politics, health, security, and labour. She blends rigorous reporting with digital storytelling to bring clarity and insight to complex issues affecting learners, educators, and policymakers. Deborah was a nominee for The Future Awards Africa (TFAA) Prize in Journalism, recognising her impactful reporting and contributions to Nigerian media. Her work reflects strong newsroom experience, editorial judgment, and a commitment to accurate, audience-focused journalism. In addition to her reporting, she is fluent in multiple languages and serves as a contributing member of The Punch editorial board.
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