Tuesday, August 12, 2025 - The Independent
National Electoral Commission (INEC), last week, instigated a fresh political
debate by reopening the usual controversial, highly contentious, and sensitive
proposal concerning the need for prison inmates to exercise the right to vote
during every major general election.
The debate
on the fresh proposal, usually a source of deliberation ahead of the main
elections, has expectedly overshadowed and shifted the attention of many
political watchers from the National and State Assembly by-elections scheduled
in 12 states this weekend and even the commencement of the Continuous Voter
Registration (CVR) taking place in 811 centres across the country.
The issue
of prison inmates voting formed the nucleus of the discussions during last
week’s meeting between the chairman of the electoral umpire, Prof Mahmood
Yakubu, and the Controller General (CG) of the Nigerian Correctional Service
(NCoS), Sylvester Ndidi Nwakuche, in Abuja.
Nwakuche,
in his remarks during the meeting, described the inmates as a community that
may have been underserved and unnoticed despite their potential contributions
to national development.
To
buttress his claims, the CG had argued that it is highly unfair and insensitive
to ignore a segment that currently holds over 81,000 inmates, with 66 per cent
of that number on the awaiting trial list, presumed innocent under the law, out
of the voting public, adding that incarceration alone should not be the reason
to extinguish their civic rights, citing both court rulings and a recent
resolution of the National Assembly in support of inmates voting.
According to him; “I am here, Chairman, to see how we can
work together, even if it is not now, then in the nearest future, to grant
these inmates the right to vote. What are the things needed from our side as
Correctional officers? What are the things needed from your side?
“We must ensure that these people are not denied their
rights. The inmates voting is not only about rights, but also about the dignity
of citizenship and the principles of inclusivity in a democracy,” he added.
But this is not the first time such a request is being made.
In retrospect, the ever-recurring debate surrounding prison inmates’ voting has
led to the Senate passing a resolution at its plenary on March 8, 2022, calling
on the electoral umpire to allow duly registered and eligible prison inmates to
vote during all general elections in Nigeria.
The Senate then equally urged the commission, in
collaboration with the Correctional Service, to locate polling units at
custodial centres across the country to be used for voting.
With the benefit of hindsight, this fresh request was also
in line with the previous rulings by both the Federal High Court and Appeal
Court, just as it is equally in tandem with the practice in some African
countries like Ghana, South Africa, and Kenya.
Daily Sun recalls that on December 16, 2014, and December 7,
2018, a Federal High Court and a Court of Appeal, respectively, both in Benin,
had delivered judgments about the right to vote by five plaintiffs awaiting
trial at the time.
According to them, it is even more instructive that the
numerical strength of the prison inmates across the country currently stands at
81,000, which holds an insignificant number of voters to decide the eventual
outcome of the presidential election, for instance.
But curiously, is the disposition of the 66 per cent on the
awaiting trial prison inmates to vote after been abandoned and neglected inside
the prison custody for several years without any serious attempts to review
their litigations.
The unresolved questions are whether the inmates, like the
Boko Haram insurgents and bandit kingpins on the awaiting trial lists that
don’t recognise the legitimacy and authority of the state, will be equally
humble and submit themselves to the demands of exercising such voting rights.
But, more importantly, is the fact that while the idea of
extending voting rights to incarcerated individuals may be seen as a
progressive step, Nigeria’s unique election challenges may make its
implementation highly problematic.
In a country where there is a disturbing increase in voting
apathy, many election observers believe that it would be easier and more
productive for the electoral commission to embark on an aggressive awareness
campaign to enlighten and mobilise the electorate than struggling to surmount
the litany of obstacles against prison inmates with such insignificant number
of voting strengths.
Another question confronting the realisation of the proposal
is that the country is still struggling to establish a robust, trustworthy, and
secure voting system for the general population, with issues like electoral
fraud, logistical failures, and voter suppression.
“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 inmates voting. Thereafter, we can
address the specific issues that may arise in the course of implementation,” he
suggested.
Despite the highlighted teething challenges, Prof Yakubu, in
his assurance on the workability of the proposal, said: “I wish to reassure the
CG of NCoS that we are united with you in our shared determination to extend
voting rights to inmates of our correctional facilities. A meeting like this
goes a long way in reaffirming our resolve in this regard.”
On the flipside, if the challenges are resolved, and the
election officials, observers, media, political parties and the candidates were
permitted to interact with the inmates, there is likelihood that it will bring
goodwill to the inmates, especially the awaiting trial ones who will seize the
opportunity to implore the visitors to the prison yard to intervene on their
cases.
However, weighing in on the issue and looking beyond the
request, the National Secretary of the Coalition of United Political Parties
(CUPP), Peter Ameh, in a chat with Daily Sun, raised serious doubts on the
workability of the proposal.
He argued that “without a reliable electoral framework for non-incarcerated citizens, expecting a secure and transparent voting process within prison custody seems overly ambitious and unrealistic. One of the primary concerns with this proposal is the high risk of government interference and manipulation. “
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