The Independent National Electoral Commission (INEC) and the Nigerian Correctional Service (NCoS) have intensified discussions on granting voting rights to inmates in correctional facilities across the country, particularly those on remand awaiting trial.
This development came during a courtesy visit by the Controller General of NCoS, Sylvester Nwakuche, to INEC headquarters in Abuja on Friday.
INEC Chairman, Prof. Mahmood Yakubu, acknowledged the growing call to extend the right to vote to inmates, citing practices in other African countries such as Ghana, Kenya, and South Africa, where inmates are allowed to participate in elections.
“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 said.
He referenced two landmark rulings — a 2014 Federal High Court judgment in Benin and a 2018 Court of Appeal decision — which upheld the rights of inmates awaiting trial to vote. The courts, however, affirmed that voting is voluntary and must be actively asserted by the individual.
Yakubu explained that INEC had previously formed a joint technical committee with the NCoS to review the operational and logistical challenges of implementing inmate voting. Key issues discussed included voter registration within correctional facilities, the creation of polling units, voter education, and access for political parties, 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 stakeholders, we can address these concerns,” he stated.
The INEC boss stressed the need for legal clarity, pointing to Section 12(1)(e) of the Electoral Act 2022, which limits registration to citizens who are not subject to legal incapacity. He said INEC’s immediate priority would be to engage the National Assembly for a clear legal framework to guide implementation.
Yakubu also commended civil society groups, including the Carmelite Prisoners’ Interest Organisation, for sustained advocacy, and acknowledged the support of the National Assembly’s electoral committees on inclusivity issues.
“I wish to reassure the Controller General of the Nigerian Correctional Service that we are united in our determination to extend voting rights to inmates of our correctional facilities,” he concluded.
