Shehu Sani backs inmate voting as INEC cites court rulings, global norms

Former senator representing Kaduna Central, Shehu Sani, has expressed support for ongoing efforts to enable eligible inmates in Nigerian correctional facilities to participate in future general elections.

Sani’s position was made public on Friday via a post on his official X (formerly Twitter) account, where he described the initiative as a commendable democratic reform. The intervention follows recent discussions between the Independent National Electoral Commission (INEC) and the Nigerian Correctional Service (NCoS) on implementing voting rights for inmates, particularly those awaiting trial.

“Speaking from experience as an ex-prisoner, I know that the long-term serving inmates and the ‘Cell Governors’ and their Exco will control the votes,” Sani wrote, referring to the internal governance structures within prison cells.

He added that while prison hierarchies are rigid and can influence voting behaviour, the move toward allowing inmates to vote remains a step in the right direction.
“The order of command inside the prison cell is not for the weak. Overall, the reform that gives the prisoners the right to vote is commendable,” he stated.

The proposal gained traction during a courtesy visit to INEC headquarters in Abuja by the Controller General of the NCoS, Sylvester Nwakuche. INEC Chairman Prof. Mahmood Yakubu, who received the delegation, noted that the commission was considering a framework to include inmates in the electoral process, particularly those on remand.

Yakubu pointed out that several African countries already allow inmates to vote and said that Nigerian courts have ruled in favour of this right for certain categories of prisoners.
“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,” Yakubu said. “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.”

He referenced two court decisions affirming the voting rights of inmates: a Federal High Court judgment delivered in Benin on December 16, 2014, and a subsequent ruling by the Court of Appeal in Benin on December 7, 2018. Both cases involved inmates who were awaiting trial.

“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,” Yakubu said.

Quoting the legal basis for the rulings, he cited Article 25 of the International Convention on Civil and Political Rights (1966) and Section 25 of the 1999 Constitution of Nigeria (as amended), which both establish citizenship rights.

He noted that while the courts upheld the right to vote, they emphasised that it is not an obligation to be enforced but a voluntary right to be asserted by the individual.
“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,” Yakubu said.

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