The Independent National Electoral Commission (INEC) has reaffirmed its willingness to support voting rights for eligible inmates in Nigeria’s correctional facilities, following judicial rulings that confirm such rights.
This commitment was stated by INEC Chairman, Prof. Mahmood Yakubu, on Friday during a courtesy visit by the Comptroller General of the Nigeria Correctional Service, Sylvester Nwakuche, at the INEC headquarters in Abuja.
“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,” Yakubu said. “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.”
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Yakubu referenced a 2019 Court of Appeal ruling which validated the right of inmates—especially those still awaiting trial—to both register and participate in elections.
He emphasized, however, the importance of having unambiguous legislation to ensure lawful execution of this right, saying:
“You may recall that in recognition of this situation, the Commission had several discussions with the correctional service on how inmates who wish to register and vote in elections can do so. We even set up a joint technical committee to review all the issues involved and advise on the way forward.”
According to the INEC Chairman, collaboration with the correctional authorities had already begun, including access to data detailing prison locations and the categories of inmates within them.
He further noted the Commission’s concerns about challenges such as access for voter registration, the logistics of creating polling units, and the facilitation of political campaigns, media access, and election monitoring within correctional institutions.
“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,” Yakubu said.
He also drew attention to Section 12(1)(e) of the Electoral Act 2022, which restricts voting to citizens not under any “legal incapacity,” and urged the National Assembly to clarify whether this exclusion includes inmates sentenced to death, life imprisonment, or convicted of treason.
“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 added.
In his remarks, the Corrections Chief, Sylvester Nwakuche, appealed to INEC to ensure voting rights for inmates, pointing out that more than 81,000 inmates are currently held across Nigeria, and around 66 percent of them are still awaiting trial.
He referred to a recent court decision that confirmed the voting rights of inmates who are yet to be convicted.
Although the Court of Appeal in Benin ruled in favor of five inmates who brought the matter to court in 2019, it did not direct INEC to establish voter registration points in prison facilities.
Yakubu, however, assured the visiting delegation that INEC remains committed to exploring all legal means to enable inmate participation in the electoral process.
“The Commission is aware of the judgements 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,” he said.
“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.”