The Independent National Electoral Commission (INEC) says it is working to ensure that prison inmates are allowed to vote in future elections in Nigeria.
The INEC Chairman, Professor Mahmood Yakubu, made this known when he received the Controller General of the Nigeria Correctional Service (NCoS), Sylvester Nwacuche, on a courtesy visit at the Commission’s headquarters in Abuja.
Professor Yakubu said the right to vote is a fundamental human right that should not be denied to any citizen, including those held in correctional facilities.
“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,” he said.
He added that the Commission is aware of judgments of the Federal High Court in Benin delivered on 16 December 2014 and the Court of Appeal, also in Benin, delivered on 7 December 2018, which affirmed the right of five plaintiffs awaiting trial to vote in elections.
Professor Yakubu explained that, based on Article 25 of the International Convention on Civil and Political Rights (1966) and Section 25 of Nigeria’s 1999 Constitution, the courts ruled that awaiting trial inmates have the right to vote. However, the rulings also stated that the right to vote is only exercisable when voluntarily asserted, not imposed.
“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,” he said.
He noted that a joint technical committee was set up to review the issues and make recommendations. INEC, he said, has requested data on the locations and categories of correctional facilities, as well as statistics on inmates — most of whom are on remand and could be registered voters.
“For our part, we raised the issue of access to correctional facilities for voter registration, creation of polling units and voter education,” Yakubu stated.
He noted that while the Electoral Act 2022 currently restricts voting to citizens not under legal incapacity, there is need for clear legislative guidance to address eligibility — especially for inmates on death row, those serving life sentences, or those 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 said.
He commended civil society organisations, particularly the Carmelite Prisoners’ Interest Organisation (CAPIO), for their consistent advocacy on inmate voting, and welcomed the support of the Senate and House joint committee on electoral matters regarding inclusivity.
For his part, the Controller General of the Nigeria Correctional Service, Sylvester Nwacuche, appealed to INEC to formally include inmates in the democratic process by granting them the right to vote.
He also referenced the favourable court judgments and appreciated the ongoing collaboration between the two agencies.
PIAK