Abuja: Independent National Electoral Commission (INEC) and Nigerian Correctional Service (NCoS) have strengthened their collaboration toward securing voting rights for inmates across Nigeria’s correctional facilities. INEC Chairman, Prof. Mahmood Yakubu, and the Controller-General (C-G) of NCoS, Sylvester Nwakuche, emphasized this during a courtesy visit of the service to INEC headquarters in Abuja.
According to News Agency of Nigeria, Yakubu stated that INEC acknowledges that the right to vote is a fundamental human right that should not be revoked due to incarceration. He highlighted that in various parts of the world, including African countries such as Ghana, Kenya, and South Africa, inmates retain their voting rights. Yakubu also referenced legal precedents, citing judgments from the Federal High Court and Court of Appeal in Benin, which affirmed the voting rights of awaiting-trial inmates.
Yakubu explained that these judgments are supported by Article 25 of the International Convention on Civil and Political Rights (1966) and Section 25 of the 1999 Constitution (as amended), affirming the rights of plaintiffs who are inmates awaiting trial to vote. However, he noted that the exercise of this right is voluntary and not an obligation imposed by authority.
The INEC chairman mentioned the previous establishment of a joint committee with NCoS to address technical and logistical challenges, such as access to correctional facilities for voter registration and creating polling units. Other concerns include transparency for observers and the media, as well as permitting political parties to campaign within NCoS facilities.
Yakubu expressed confidence that, in collaboration with NCoS, these challenges could be managed, particularly with ongoing electoral reforms before the National Assembly. He stressed the importance of clear legal provisions for inmates’ voting rights and explained that this would clarify Section 12(1)[e] of the Electoral Act, 2022, which pertains to voter registration and legal incapacities.
Yakubu recognized the efforts of civil society organizations, particularly the Carmelite Prisoners’ Interest Organisation (CAPIO), for their advocacy for inmate voting rights in Nigeria. He also commended the positive stance of the joint committee of the Senate and House of Representatives on inclusivity in the electoral process. The INEC chairman reaffirmed the commission’s commitment to extending voting rights to inmates and strengthening the partnership with NCoS on election security.
Nwakuche, the C-G of NCoS, reiterated the service’s dedication to ensuring that Nigerian inmates who are not legally incapacitated can participate in the electoral process. He emphasized the importance of respecting inmates’ rights, including their voting rights, noting that over 60 percent of the 81,000 inmates in Nigeria are awaiting trial and presumed innocent until proven guilty.
Nwakuche highlighted a court ruling in Benin on inmates’ voting rights and a national assembly resolution affirming inmates’ inalienable right to vote. He expressed the need for INEC and NCoS to address the limitations and technical aspects of the court rulings to facilitate inmate voting in the future.
