The Independent National Electoral Commission (INEC) says it is collaborating with the Nigeria Correctional Service (NCoS) to ensure inmates can exercise their constitutional right to vote in future elections.
INEC Chairman, Professor Mahmood Yakubu, made the disclosure on Friday when he received the Comptroller General of the Correctional Service, Sylvester Nwakuche, at the Commission’s headquarters in Abuja.
Yakubu referenced a series of court rulings, including those by the Federal High Court and the Court of Appeal in Benin, which affirmed the rights of inmates, especially those awaiting trial to register and vote in elections. He emphasized that the right to vote is a fundamental human right, adding that many countries, including Ghana, Kenya, and South Africa, have implemented inmate voting.
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“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,” he said. “However, to operationalize this right, we need clear legal backing. That is why our immediate task is to engage the National Assembly for clarity and legal provisions.”
Yakubu noted that INEC had previously initiated discussions with the Correctional Service, including setting up a joint technical committee to examine operational issues such as access to facilities, polling unit creation, and voter education for inmates. He also raised concerns about the participation of political parties, observers, and the media in the voting process within correctional centres.
He explained that while some inmates are already registered voters, the Commission needs to clarify interpretations of Section 12(1)(e) of the Electoral Act 2022, which bars citizens with “legal incapacity” from registering to vote. “We need to establish whether this clause applies to inmates on death row, those serving life sentences, or those convicted of treason,” Yakubu added.
Comptroller General Sylvester Nwakuche, in his remarks, stressed the importance of respecting inmates’ electoral rights, especially for the over 66% of Nigeria’s 81,000 inmates who are awaiting trial. He cited the 2019 Court of Appeal judgment, which upheld the rights of inmates to vote but declined to mandate INEC to create registration centres in prisons.
Both institutions agreed on the urgency of aligning ongoing electoral reforms with international best practices to accommodate inmates’ voting rights.
INEC reaffirmed its commitment to ensuring free, fair, and inclusive elections for all eligible Nigerian citizens, including those in custody, as long as their rights remain constitutionally protected.
