- Controller General Ofori demands electoral inclusion for over 81,000 inmates, most of whom are awaiting trial.
- INEC Chairman Yakubu cites African precedents and past court rulings in support of limited inmate voting rights.
- Advocacy groups hail discussions as a milestone in Nigeria’s democratic inclusivity push.
The debate over whether Nigerian prisoners should be allowed to vote moved a significant step forward today after high-level talks between the Independent National Electoral Commission (INEC) and the Nigerian Correctional Service (NCoS) in Abuja.
In what is being described as a “historic opening of dialogue,” Controller General Sylvester Ndidi Nwakuche Ofori used his first official visit to INEC to demand recognition of inmates’ constitutional rights.
He revealed that Nigeria’s correctional facilities currently house more than 81,000 people, with over 66 per cent of them awaiting trial and legally presumed innocent.
“Anybody can find themselves on the other side of the law,” he told INEC officials.
“We need to be careful how they are treated. They have rights, and one of those rights is the right to vote. The fact that they are in incarceration should not strip them of their citizenship.”
His remarks framed prisoner enfranchisement as a test of Nigeria’s commitment to democratic principles.
Ofori anchored his call in legal precedent
Ofori anchored his call in legal precedent, pointing to a landmark court ruling in Benin and recent resolutions by the National Assembly as evidence that prisoner voting is not only possible but constitutionally defensible.
He argued that the current blanket exclusion of inmates fails to distinguish between those serving sentences for serious crimes and those yet to be tried.
“I am here to see how we can, even if not immediately, in the nearest future, extend this fundamental right to inmates,” he said.
The proposal reflects a global trend towards reviewing prisoner voting rights, particularly for those not convicted of any crime.
While the idea has met with political resistance in some quarters, Ofori stressed that extending voting rights would strengthen democracy, not weaken it.
“The protection of prisoners’ rights,” he added, “is a safeguard for the rights of every Nigerian citizen.”
INEC Chairman welcomed the discussions
INEC Chairman, Professor Mahmood Yakubu, welcomed the discussions, signalling an openness to reforms that could see Nigeria join a growing list of African countries where prisoners can cast ballots. “Other countries on the continent, including Ghana, Kenya, and South Africa, already permit inmates to vote,” he noted.
Yakubu reminded attendees that two key court judgments – in 2014 and 2018 — had affirmed the right of certain categories of inmates, particularly those awaiting trial, to participate in elections.
While these rulings created a legal foundation, the absence of a clear electoral framework has meant the rights exist largely in theory.
To address this, Yakubu disclosed that INEC had previously formed a joint technical committee with NCoS to examine the logistical and legal requirements for prisoner voting.
This included mapping correctional facility locations, categorising inmates by eligibility, and planning for secure voter registration, designated polling units, and regulated access for political parties, accredited observers, and the media.
“Working together, we can seize the opportunity of ongoing electoral reform for a clear legal provision that will specifically cover citizens serving time in our correctional facilities,” he said.
The path is not without obstacles
However, both Ofori and Yakubu acknowledged that the path forward is not without obstacles.
The idea of electioneering inside prisons raises sensitive security questions, such as whether campaign activities might disrupt order or expose inmates to political manipulation.
There is also the challenge of defining eligibility for convicted prisoners, with some arguing that those found guilty of serious offences should not retain the vote.
Yet both leaders expressed optimism that these concerns could be resolved through cooperation with lawmakers, civil society organisations, and other electoral stakeholders.
“Our immediate task is to engage with the National Assembly for clarity and legal backing,” Yakubu said, making it clear that legislative reform would be the next decisive step.
Advocacy groups, particularly the Carmelite Prisoners’ Interest Organization (CAPIO), have long championed the cause, seeing it as part of a wider movement to make Nigeria’s democracy more inclusive.
International comparisons
International comparisons offer a useful perspective.
In Ghana, prisoner voting is permitted under strict security measures, with polling stations set up inside prisons for eligible inmates.
Kenya’s electoral body introduced inmate voting in 2010, initially for remand prisoners, and later expanded it under court order.
South Africa allows all prisoners to vote, a policy upheld by its Constitutional Court in 1999 as a matter of equality and human dignity.
These examples suggest that the logistical and legal challenges, while real, can be managed through careful planning.
For Nigeria, adopting such a model would mean updating the Electoral Act to specify eligibility rules, security protocols, and administrative processes.
It would also require extensive voter education, both for inmates and for the broader public, to address scepticism and prevent misinformation.
The Nigerian context is unique in that the majority of inmates are not convicted criminals but individuals awaiting trial, some for years, due to the slow pace of the justice system.
Human rights advocates argue that denying this group the right to vote amounts to “double punishment” – deprivation of liberty without conviction, and exclusion from political participation.
Critics, however, worry that granting voting rights to prisoners could be politically exploited or logistically impractical in a system already struggling with electoral credibility.
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Yet the consensus at today’s meeting was that the moral and constitutional case for inmate voting is strong, particularly for those not yet found guilty.
“Inmates are part of our society,” Ofori said. “If we deny them the right to participate in democracy, we deny ourselves the opportunity to make our democracy truly representative.”
While no timeline was set, today’s talks marked a rare moment of agreement between two institutions often focused on separate mandates.
INEC’s interest in electoral inclusivity and NCoS’s role in safeguarding inmate welfare converged on the principle that democracy is measured by how it treats its most marginalised citizens.
For now, the next steps will be technical and legislative, but the symbolic significance is clear: Nigeria is openly considering a reform that would have been politically unthinkable a decade ago.
Whether that reform will extend only to remand prisoners or include some categories of convicts remains to be seen.
But for the tens of thousands of Nigerians behind bars who still hold citizenship, the possibility of casting a vote – perhaps as soon as the next general election – is now a subject of serious discussion at the highest levels.
