Election: Prisons Seek Clarity On Inmates’ Voting

The Independent National Electoral Commission, INEC, and the Nigerian Correctional Service, NCoS, have agreed to engage the National Assembly to outline clear legal modalities that would facilitate inmates’ voting.

INEC chairman, Prof. Mahmood Yakubu, announced this when he received top management of the NCoS led by their Controller General, Sylvester Nwakuche.

“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

“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. 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.

“As you are aware, election is a process governed by law. Working together, we can seize the opportunity of the ongoing electoral reforms for a clear legal provision that will specifically cover citizens serving time in our correctional facilities”, he said.

Yakubu cited a Federal High Court judgment delivered on 16th December 2014 and the Court of Appeal judgment delivered on 7th December 2018 on the right to vote by five plaintiffs awaiting trial.

“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 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.

“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 availed us of 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.

“Doing so will also clarify the provision of Section 12(1)[e] of the Electoral Act 2022 on voter registration, a precondition for voting in elections, which restricts the exercise to a Nigerian citizen who “is not subject to any legal incapacity to vote under any law, rule or regulations in force in Nigeria. There are various interpretations as to whether this provision relates to inmate on death row, those serving life sentence or those convicted for treason,” he added.

Nwakuche had made a case for inmates’ voting, saying the over 81,000 inmates in custody are disenfranchised.

He said that of the over 81,000 inmates across the nation’s 257 custodial centres, 66 percent of them are awaiting trial.

Nwakuche had cited a court ruling which upheld the rights of inmates to vote in elections.

Vanguard