The Independent National Electoral Commission (INEC) has expressed its commitment to engaging with the National Assembly to secure clear legal provisions supporting the participation of inmates in the country’s elections. INEC Chairman, Prof. Mahmood Yakubu, made this known when he received the Controller General of the Nigerian Correctional Service, Sylvester Nwakuche, at the commission’s headquarters in Abuja. Yakubu emphasized the need for legal clarity, citing Section 12(1)(e) of the Electoral Act 2022, which restricts voter registration to citizens “not subject to any legal incapacity to vote”.
The INEC boss recalled that courts in Nigeria had affirmed the voting rights of inmates, referencing two rulings – one by the Federal High Court in Benin in 2014 and another by the Court of Appeal in 2018 – which upheld the right of five plaintiffs awaiting trial to vote. Yakubu noted that the courts emphasized the right to vote as a voluntary act that must be asserted by citizens, not one imposed by law.
Yakubu highlighted the operational concerns that need to be addressed, including access to correctional facilities for voter registration, creation of polling units, and voter education. He also mentioned concerns about observer access, media coverage, and whether political parties would be allowed to campaign in the facilities and appoint polling agents on election day. The INEC chairman stressed the importance of resolving these issues collaboratively.
The Controller General of the Nigerian Correctional Service, Sylvester Nwakuche, stated that over 81,000 inmates were currently in custody nationwide, with more than 66% awaiting trial. He described them as citizens who should not be denied their right to vote. Nwakuche emphasized the need for the commission and the NCoS to work together to examine the technical requirements and develop a pathway to realizing this right.
The initiative to grant voting rights to inmates has received support from various quarters, including a former senator, Shehu Sani, who described the reform as a welcome development. Sani noted that the power structure in prison facilities is strong and not for the weak, but praised the initiative as a step towards inclusivity and justice. As INEC engages with the National Assembly, it remains to be seen how the legal provisions will be shaped to accommodate the voting rights of inmates.
