By Ameh Gabriel
The Independent National Electoral Commission (INEC) and the Nigerian Correctional Service (NCoS) have announced plans to engage the National Assembly in establishing a clear legal framework that would enable eligible inmates to exercise their right to vote.
This development followed a high-level meeting in Abuja between the Chairman of INEC, Professor Mahmood Yakubu, and the Controller General of Corrections, Sylvester Nwakuche.
Professor Yakubu emphasized that voting is a fundamental human right, and that being incarcerated should not automatically strip individuals of their constitutional rights—especially for those awaiting trial.
He cited precedents in other African democracies such as Ghana, Kenya, and South Africa, where inmates are permitted to vote, and urged Nigeria to take advantage of the ongoing electoral reform process to resolve the issue definitively.
The INEC Chairman referenced several judicial decisions, including a Federal High Court ruling in 2014 and a Court of Appeal judgment in 2018, which upheld the right of pre-trial detainees to vote. However, he clarified that the courts also ruled voting is a voluntary right, not a compulsory duty to be imposed on inmates.
Yakubu noted that a joint technical committee had previously been constituted to address the operational and legal issues involved in enabling inmate voting. The committee examined a range of challenges, including:
Granting INEC access to custodial centres for voter registration
Setting up polling units within correctional facilities
Ensuring election transparency through the involvement of observers and media
Addressing political party concerns about campaigning within prisons and assigning polling agents
He further noted the legal ambiguity surrounding Section 12(1)(e) of the Electoral Act 2022, which restricts voter registration for persons “subject to any legal incapacity to vote.” Yakubu pointed out that this provision is open to differing interpretations—particularly regarding inmates on death row, serving life sentences, or convicted for treason.
In his remarks, Controller General Nwakuche reiterated the NCoS’s position in support of inmate voting rights, stressing that out of over 81,000 inmates in Nigeria’s correctional facilities, nearly 66% are awaiting trial and therefore remain legally innocent until proven guilty.
He also cited court rulings that affirmed the right of inmates—especially those awaiting trial—to participate in the democratic process, calling for legislative backing to actualize this right.
Both INEC and NCoS reaffirmed their commitment to working with relevant stakeholders, particularly the National Assembly, to ensure legal and procedural clarity on this important democratic issue.
