Follow Us on Google
As we approach the 2023 election cycle, the recent call by the Senate on the Independent National Electoral Commission (INEC) to allow eligible prison inmates to vote during elections should be timely considered. The call by the lawmakers was based on a motion by Senator Patrick Abba Moro (Benue South). The motion entitled: “The prerogative of prison Inmates to vote in general election in Nigeria: statutory, inalienable and non-negotiable” is premised on the fact that “certain human rights are inalienable and come naturally with the birth of the individual.”
According to Moro, “although incarceration is one of the legal grounds to deprive a person or an offender in custody of certain rights, the rights of citizenship cannot at any point be taken away. He further noted that “citizenship as encapsulated under the Nigerian Constitution 1999 (as amended) comes with many defined rights and civic responsibilities, one of which is the right to vote in elections.” Based on his former experience as the Internal Affairs Minister, Abba Moro’s advice should be heeded.
Besides, giving inmates in correctional centres, especially those awaiting trial, undergoing trial or awaiting conviction, the opportunity to cast their ballots during elections will enhance political inclusion and also ensure that no eligible Nigerian voter is disenfranchised on account of being in prison. At the same time, the federal lawmakers and the electoral umpire should hasten the plans to allow Nigerians in Diaspora to cast their votes during elections in Nigeria as done by other countries.
With the advent of technology and the ease of electronic voting, it is no longer tenable to deny these Nigerians their rights to vote in Nigerian elections. Living abroad should not delimit one’s right to full citizenship and voting rights. Distance can no longer be a barrier in voting with increasing deployment of internet in our elections.
However, before eligible prison inmates should be allowed to vote, the necessary legal framework to enable them do so must be put in place if there is any impediment. In addition, there is need for voter education in all correctional facilities across the country. The electoral agency has to update voters’ register in the prisons before the inmates will be allowed to vote. Therefore, INEC should work in concert with the leadership of the Nigerian Correctional Service to map out voting centres at Custodial Centres across the country to enable prison inmates cast their votes.
Abba Moro’s position is strongly supported by Section 12 (1) of the Electoral Act 2022 and Section 25 of the Nigerian Constitution. According to Section 12 (1) of the Electoral Act, “a person shall be registered as a voter if such a person is a citizen of Nigeria; has attained the age of 18 years.” Also, the provisions of Section 25 of the 1999 Constitution are very clear on Nigerian citizenship. The right to vote without discrimination is clearly stated in Article 21 of the Universal Declaration of Human Rights, that everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
However, the right of prisoners to vote is not uniform in all countries. Every country is at liberty to allow or restrict certain prisoners from voting. In the United States, it varies from state to state. Countries where prisoners can vote include Albania, Czech Republic, Denmark, Finland, Ireland, Spain, Sweden, Switzerland and Ukraine. Since being in prison is not enough reason to deny them their voting rights, they should be allowed to vote in subsequent elections, especially those not yet convicted.
Beyond this, Nigerian prisons should indeed serve as reform facilities where inmates can be made to be responsible and law abiding citizens. Currently, there are 70,056 inmates in the Nigeria’s correctional centres. Out of this figure, 50,822 are awaiting trial.
