INEC Reaffirms Support for Inmate Voting

INEC Reaffirms Support for Inmate Voting, Seeks National Assembly’s Clarification on Electoral Laws

By Pulse Daily News Reporter | Abuja, Nigeria 

The Independent National Electoral Commission (INEC) has restated its commitment to ensuring that eligible inmates in Nigeria can participate in future elections, in line with existing court rulings affirming prisoners’ voting rights.

Speaking during a meeting with the Comptroller General of the Nigeria Correctional Service (NCoS), Sylvester Nwakuche, at INEC headquarters in Abuja, INEC Chairman, Prof. Mahmood Yakubu, said voting is a fundamental human right that should not be denied simply because an individual is serving time.

“Across the world, including Ghana, Kenya, and South Africa, inmates are allowed to exercise their voting rights,” Yakubu noted, stressing that Nigeria must align with international democratic standards.

Yakubu referred to the 2019 Court of Appeal ruling that confirmed the legal rights of inmates — especially those awaiting trial — to register and vote. However, he expressed concern over the vague wording in Section 12(1)(e) of the Electoral Act 2022, which restricts voting to citizens not under “legal incapacity.”

He urged the National Assembly to clearly define whether this provision disqualifies certain categories of inmates, such as those on death row, serving life sentences, or convicted of treason.

“Our next step is to engage lawmakers to provide clear legal guidance on inmate voting,” Yakubu explained. “Once that is done, we can address operational issues like prison polling units, political campaigns, election observers, and media access.”

Collaboration Between INEC and Correctional Service

Both INEC and the NCoS have already set up a joint technical committee to work on key logistics, including:

Access for voter registration inside correctional facilities

Creation of polling units in prisons

Security arrangements for political parties and polling agents

Rules for media coverage and election monitoring

Yakubu also disclosed that political parties have raised questions about whether they will be allowed to campaign inside prisons during election seasons.

Over 81,000 Inmates Nationwide

Nwakuche revealed that Nigeria currently has over 81,000 inmates, with 66% awaiting trial — a category the courts have already ruled can vote.

He cited the 2014 Federal High Court and 2018 Court of Appeal judgments in Benin, which upheld voting rights for awaiting trial inmates, even though the rulings stopped short of compelling INEC to establish registration centres inside prisons.

Yakubu concluded by emphasising that voting in prison will remain voluntary, stating:

“Voting is a right, not an obligation. Only inmates who willingly choose to register will be part of the process.”