Ahead of the 2027 general election, the Independent National Electoral Commission (INEC), says it will engage with the National Assembly for a clear legal provision on inmate voting.
INEC Chairman, Prof. Mahmood Yakubu, gave the hint on Friday in Abuja during a courtesy call by the Controller General of Nigerian Correctional Service (NCoS), Sylvester Nwakuche.
TheHintsNews reports that Nwakuche was at the commission’s headquarters specifically on the voting rights for inmates of correctional facilities who, at the moment, do not vote during elections and are therefore disenfranchised.
But the commission assured that after its engagement with the parliament, thereafter it could now address the issues that might arise in the course of implementation.
Yakubu recalled the judgements of the Federal High Court in Benin delivered on 16th December 2014 and the Court of Appeal, also in Benin, delivered on 7th December 2018 pertaining to the right to vote by five plaintiffs awaiting trial.
Yakubu said, however, the judges ruled that the right to vote was 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.
Be said the commission was 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.
The chairman pointed out that in many parts of the world, including some African countries such as Ghana, Kenya and South Africa where INEC officials observed elections, inmates exercised the right to vote.
He said 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.
Yakubu noted, “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.”
He emphasised that the electoral body even set up a joint technical committee to review all the issues involved and advise on the way forward.
The chairman revealed that the correctional service even availed them of data on the locations and types of federal correctional facilities nationwide.
His words: “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.
“As you are aware, election is a process governed by law. Working together, we can seize the opportunity of the ongoing electoral reform for a clear legal provision that will specifically cover citizens serving time in our correctional facilities.
“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 inmates on death row, those serving life sentences or those convicted for treason.
“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.”