THE Independent National Electoral Commission (INEC) has signaled readiness to implement voting rights for eligible inmates in Nigeria’s correctional centres, following sustained advocacy, legal backing, and collaboration with the Nigeria Correctional Service (NCoS).
The development came as the Comptroller General of the NCoS, Sylvester Nwakuche, visited the INEC headquarters in Abuja on Friday, calling on the electoral body to extend voting rights to prison inmates, especially those yet to be convicted.
According to Nwakuche, there are over 81,000 inmates across Nigeria’s correctional facilities, out of which 53,460, representing about 66% are awaiting trial and technically still presumed innocent under the law.
Responding, INEC Chairman Prof. Mahmood Yakubu reaffirmed that the right to vote is a constitutionally guaranteed human right, even for inmates, particularly those yet to be convicted. He cited the 2019 Court of Appeal judgment in Benin, which upheld the right of inmates to vote, especially those awaiting trial.
“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,” Yakubu stated.
He noted that in several countries, including Ghana, Kenya, and South Africa, inmates are allowed to participate in elections, a standard Nigeria must strive to match.
The INEC boss referenced multiple rulings, including the Federal High Court decision in 2014 and the 2018 Court of Appeal judgment, which confirmed that inmates especially those awaiting trial cannot be disenfranchised.
However, the courts stopped short of directing INEC to create polling units or registration centres inside prisons, leaving implementation logistics up to the Commission and the Correctional Service.
To operationalise the ruling, INEC and NCoS had earlier established a joint technical committee to study issues such as: access to correctional facilities for INEC staff and political parties, creation of polling units within prisons, voter education for inmates, transparency measures for observers and media access and clarifying which categories of inmates are eligible
Yakubu acknowledged the complexity of the issue, especially as the Electoral Act 2022 restricts registration to citizens not under “legal incapacity,” a term that needs further clarification particularly in relation to inmates serving life sentences, on death row, or convicted of treason.
INEC says the next step is to engage with the National Assembly to secure clear legal provisions that will specifically outline voting rights for inmates.
“Working together, we can seize the opportunity of the ongoing electoral reform for a clear legal provision on inmate voting,” Yakubu added.
The Commission also pledged to remain compliant with the law while ensuring no eligible Nigerian is unjustly denied their voting rights.