The Independent National Electoral Commission (INEC) says it is collaborating with the Nigeria Correctional Service (NCoS) to ensure eligible inmates can exercise their right to vote.
INEC Chairman Mahmood Yakubu disclosed this on Friday while hosting the Comptroller General of NCoS, Sylvester Nwakuche, at the Commission’s headquarters in Abuja.
Yakubu reaffirmed the ruling of the Court of Appeal, which upheld the right of inmates to register and 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. “In many parts of the world, including some African countries such as Ghana, Kenya, and South Africa, where our officials observed elections, inmates exercised the right to vote.”
He stressed the need for a legal framework to guide the process, noting that both institutions could leverage ongoing electoral reforms to secure explicit provisions for citizens in correctional facilities.
“Our immediate task is to engage with the National Assembly for clarity and legal backing,” he added.
Yakubu explained that INEC had previously worked with NCoS to outline modalities for inmate voting, including voter registration within facilities, creation of polling units, and ensuring political parties, election observers, and the media could have regulated access.
He also cited court rulings — including the 2014 Federal High Court judgment in Benin and a 2018 Court of Appeal decision — which affirmed that inmates awaiting trial have the constitutional right to vote, based on provisions of the Nigerian Constitution and international human rights conventions.
“The judges ruled that the right to vote is 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,” he noted.
According to him, legal clarity is still needed on whether certain categories of inmates — such as those on death row, serving life sentences, or convicted of treason — fall within the scope of voting rights.
NCos boss urges INEC to extend voting rights to inmates awaiting trial
NCoS Comptroller General Nwakuche, in his remarks, urged INEC to extend voting rights to inmates, especially those awaiting trial. He said the service has more than 81,000 inmates nationwide, with about 66 percent yet to be convicted.
The 2019 Court of Appeal ruling, which followed an appeal by five inmates, affirmed their right to vote but declined a request to compel INEC to set up registration centres in all correctional facilities.
Yakubu expressed optimism that with legislative backing and stakeholder collaboration, inmate voting could be implemented in compliance with the law.