The Independent National Electoral Commission (INEC) has expressed commitment to enabling eligible inmates to vote in Nigerian elections, following a series of court judgments affirming their rights.
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INEC Chairman, Prof. Mahmood Yakubu, made this known on Friday when he received the Comptroller General of the Nigeria Correctional Service, Sylvester Nwakuche, at the Commission’s 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.”
Yakubu affirmed the 2019 Court of Appeal judgment that upheld the right of inmates—particularly those awaiting trial to register and vote in elections.
He, however, emphasised the need for a “clear legal provision” to guide the process and ensure full compliance with electoral laws.
“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,” he said.
Yakubu cited the collaboration with the Correctional Service, including the provision of data on facility locations and inmate categories.
He added that the Commission raised concerns about access for registration, polling unit creation, political campaigns, observer monitoring, and media coverage inside correctional centres.
“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.
He also pointed to the ambiguity of Section 12(1)(e) of the Electoral Act 2022, which restricts voting to Nigerian citizens not under “legal incapacity,” and called on the National Assembly to clarify whether that includes inmates on death row, life sentences, or treason convictions.’
“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,” Yakubu added.
In his remarks, Nwakuche urged INEC to extend electoral rights to inmates, noting that over 81,000 inmates are currently in custody across the country, with around 66 percent of them awaiting trial.
He referenced a recent court judgment which reaffirmed that inmates, particularly those awaiting trial, have the constitutional right to vote.
While the Court of Appeal in Benin upheld the right of the five inmates who filed the suit in 2019, it declined to mandate INEC to create registration centres in correctional facilities.
Despite that limitation, Yakubu assured that the Commission is determined to work within the law to enfranchise inmates where possible.
“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.”
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