The Controller General of the Nigerian Correctional Service (NCoS),
Senior officials of NCoS
National Commissioners of INEC
Other Senior Officials of the Commission
The Chairman and Members of the INEC Press Corps
Ladies and Gentlemen
1. It gives me a great pleasure to welcome the Controller General of the Nigerian Correctional Service (NCoS), Sylvester Ndidi Nwakuche. The Commission appreciates the long-standing partnership with NCoS in election management in Nigeria. Along with sister security agencies, the NCoS is a member of the Inter-Agency Consultative Committee on Election Security (ICCES). You have actively participated in all our meetings and deployed your personnel in support of the Nigeria Police Force (NPF) being the lead agency in internal security, including elections. I want to reassure you that our partnership in election security will continue to be strengthened.
2. As stated in your remarks, the purpose of your visit today is specifically in respect of voting right for inmates of correctional facilities who, at the moment, do not vote during elections and are therefore disenfranchised. 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. 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.
3. The Commission is aware of the judgements of the Federal High Court in Benin delivered on 16th December 2014 and the Court of Appeal, also in Benin, delivered on 7th December 2018 pertaining to the right to vote by five plaintiffs awaiting trial. Based on the combined provisions of Article 25 of the International Convention on Civil and Political Rights (1966) and Section 25 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) on citizenship, the court affirmed the rights of plaintiffs who were inmates awaiting trial to vote in elections. However, 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.
4. You may recall that in recognition of this situation, the Commission had several discussions with the correctional service on how inmates who wish to register and vote in elections can do so. We even set up a joint technical committee to review all the issues involved and advise on the way forward. You availed us of data on the locations and types of federal correctional facilities nationwide. You also provided us with statistics on the various categories of inmates, the majority of whom are on remand awaiting trial and who may actually be registered voters. For our part, we raised the issue of access to the correctional facilities for voter registration, creation of polling units and voter education. On behalf of stakeholders and for transparency, we also brought to your attention concerns about access to your facilities for observers and the media. Political parties also want to know if they will be allowed to campaign in the correctional facilities and appoint polling agents on election day. We believe that working together with you and the stakeholders, we can address these concerns.
5. As you are aware, election is a process governed by law. Working together, we can seize the opportunity of the ongoing electoral reform for a clear legal provision that will specifically cover citizens serving time in our correctional facilities. 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 inmate on death row, those serving life sentence or those convicted for treason. Our immediate task is to engage with the National Assembly for a clear legal provision on inmate voting. Thereafter, we can address the specific issues that may arise in the course of implementation.
6. On this note, the Commission appreciates the role of civil society organisations that have interfaced with INEC and NCoS in their consistent advocacy for inmate voting in Nigeria, especially Carmelite Prisoners’ Interest Organization (CAPIO). We similarly welcome the positive disposition of the joint committee of the Senate and House of Representatives on electoral matters on issues of inclusivity in our electoral process.
7. I wish to reassure the Controller General of the Nigerian Correctional Service that we are united with you in our shared determination to extend voting rights to inmates of our correction facilities. A meeting like this goes a long was in reaffirming our resolve in this regard.
8. I thank you for this visit and God bless.