By Admin
As the 2027 general election approaches, the Independent National Electoral Commission (INEC) is advocating for eligible inmates in Nigeria’s correctional facilities to be granted the right to vote.
INEC argues that allowing inmates to vote upholds the principles of universal suffrage and human rights, ensuring that every eligible citizen, regardless of their incarceration status, has a voice in choosing their government.
The commission’s chairman, Mahmood Yakubu, stated this on Friday during a courtesy visit by the Controller General of the Nigerian Correctional Service (NCoS), Sylvester Ofori, at the Commission’s headquarters in Abuja.
Yakubu emphasized that the Commission recognizes the voting rights of all Nigerian citizens, including those held in custody who have not yet been convicted.
He stated that the right to vote is a fundamental human right that cannot be revoked simply because someone is serving time in a correctional facility.
The INEC boss pointed out that in several countries, such as Ghana, Kenya, and South Africa, inmates are allowed to exercise this right.
He also referenced previous court rulings supporting the voting rights of inmates awaiting trial, specifically citing decisions by the Federal High Court and the Court of Appeal in Benin.
Yakubu noted that while these rulings affirm inmates’ right to vote, they also specify that this right must be exercised voluntarily and cannot be forced upon them.
“The Commission is aware of the judgments of the Federal High Court in Benin delivered on December 16, 2014, and the Court of Appeal, also in Benin, delivered on December 7, 2018, pertaining to the right to vote by five plaintiffs awaiting trial,” he said.
“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 exercisable 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.”
The INEC Chairman said a joint technical committee was previously established between the Commission and the NCoS to review the modalities for implementing inmate voting.
Yakubu explained that these modalities include access to correctional facilities for voter registration, the creation of polling units, and voter education.
He, however, pointed out that certain legal and logistical challenges must be addressed, particularly around Section 12(1)(e) of the Electoral Act 2022, which restricts voting to citizens not subject to legal incapacity.
“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.
“You provided us with 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. 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.
“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. A meeting like this goes a long way in reaffirming our resolve in this regard,” Yakubu added.
