The Independent National Electoral Commission and the Nigerian Correctional Service are partnering to secure voting rights for inmates in the nation’s prisons.
During a courtesy visit by the Controller General of the NCoS, Sylvester Nwakuche, to the commission’s headquarters in Abuja on Friday, INEC Chairman Prof. Mahmood Yakubu acknowledged the rising demand for extending voting rights to inmates in correctional facilities across the country.
The central focus of the meeting was the voting rights of inmates, most of whom are on remand and awaiting trial.
Yakubu acknowledged that inmates in several other countries, including Ghana, Kenya, and South Africa, are permitted to vote, and noted that Nigerian courts have also ruled in favour of this right.
“We are aware that the right to vote is a human right which cannot be taken away from a citizen on account of time being served in a correctional facility.
“In many parts of the world, including some African countries such as Ghana, Kenya and South Africa, where our officials observed elections, inmates exercised the right to vote,” the chairman stated.
He cited two landmark rulings from the Federal High Court in Benin (2014) and the Court of Appeal (2018), which upheld the rights of inmates awaiting trial to vote.
However, he clarified that the courts emphasised voting as a voluntary act that must be asserted, not a mandatory duty.
“The commission is aware of the judgments of the Federal High Court in Benin delivered on 16th December 2014 and the Court of Appeal, also in Benin, delivered on 7th December 2018 pertaining to the right to vote by five plaintiffs awaiting trial.
“Based on the combined provisions of Article 25 of the International Convention on Civil and Political Rights (1966) and Section 25 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) on citizenship, the court affirmed the rights of plaintiffs who were inmates awaiting trial to vote in elections.
“However, the judges ruled that the right to vote is only excisable when asserted as it is a choice to be exercised voluntarily by a citizen and not a duty to be imposed by force of authority,” Yakubu explained.
INEC, according to the chairman, had previously engaged in discussions with the NCoS to explore modalities for enabling inmate participation in elections.
“We even set up a joint technical committee to review all the issues involved and advise on the way forward. You availed us of data on the locations and types of federal correctional facilities nationwide.
“You also provided us with statistics on the various categories of inmates, the majority of whom are on remand awaiting trial and who may actually be registered voters,” Yakubu noted.
He added that INEC raised practical concerns, including access to correctional centres for registration, creation of polling units, and voter education.
Observers and political parties, he said, had also voiced concerns about their access to such facilities during elections.
“For our part, we raised the issue of access to the correctional facilities for voter registration, creation of polling units and voter education. On behalf of stakeholders and for transparency, we also brought to your attention concerns about access to your facilities for observers and the media.
“Political parties also want to know if they will be allowed to campaign in the correctional facilities and appoint polling agents on election day. We believe that working together with you and the stakeholders, we can address these concerns,” he said.
Yakubu further stressed the need for legal clarity on the issue, pointing to Section 12(1)(e) of the Electoral Act 2022, which restricts voter registration to citizens who are not subject to any legal incapacity to vote.
“Our immediate task is to engage with the National Assembly for a clear legal provision on inmate voting. Thereafter, we can address the specific issues that may arise in the course of implementation,” he said.
He commended civil society organisations, particularly the Carmelite Prisoners’ Interest Organisation, for their sustained advocacy on inmate voting rights.
He also acknowledged the “positive disposition of the joint committee of the Senate and House of Representatives on electoral matters on issues of inclusivity.”
“I wish to reassure the Controller General of the Nigerian Correctional Service that we are united with you in our shared determination to extend voting rights to inmates of our correctional facilities,” the INEC chairman concluded.
Details later….