ABUJA: The Independent National Electoral Commission INEC and the Nigerian Correctional Service NCoS are seeking to engage the National Assembly to establish a clear legal framework for inmate voting.
This was announced today following a meeting between the INEC Chairman, Professor Mahmood Yakubu, and the Controller General of the NCoS, Sylvester Nwakuche.
Professor Yakubu stated that the immediate task for both organizations is to work with the National Assembly to create a clear legal provision that will facilitate voting for citizens in custodial facilities.
He emphasized that the right to vote is a fundamental human right that should not be taken away simply because an individual is serving time.
The INEC chairman referenced examples from other African countries like Ghana, Kenya, and South Africa where inmates are allowed to vote.
He stressed the need to seize the opportunity of ongoing electoral reforms to address this issue.
Yakubu also cited previous court judgments, including a Federal High Court ruling from 2014 and a Court of Appeal judgment from 2018, which affirmed the right of inmates awaiting trial to vote.
He noted, however, that the courts also ruled that voting is a choice to be exercised voluntarily and not a duty to be imposed.
The INEC Chairman recalled that a joint technical committee had previously been set up to review the issues involved.
The committee had discussed several logistical challenges, including access to custodial facilities for voter registration, the creation of polling units and ensuring transparency through the presence of observers and the media.
He also mentioned that political parties have raised questions about campaigning within the facilities and appointing polling agents.
Yakubu further explained that a clear legal provision is needed to clarify the interpretation of Section 12(1)(e) of the Electoral Act 2022, which restricts voter registration for anyone subject to a “legal incapacity to vote.”
There are varying interpretations of whether this provision applies to inmates on death row, those serving life sentences, or those convicted for treason.
In his remarks, Controller General Nwakuche had earlier advocated for inmates’ voting rights, pointing out that over 81,000 inmates, 66% of whom are awaiting trial, are currently disenfranchised.
He also referenced the court rulings that have upheld the right of inmates to participate in elections.
