Electoral Act Amendment: Bill Seeks Prisoners’ Right To Vote In Nigeria’s Elections....KINDLY READ THE FULL STORY HERE▶

A new bill submitted to the National Assembly aims to amend the Electoral Act, 2022, to grant inmates in Nigerian prisons the right to vote. The proposed legislation, titled “Bill for An Act to amend the Electoral Act to provide for the right to vote of persons detained or incarcerated in custodial institutions and other places of detention; and related matters,” is sponsored by the Carmelite Prisoners Interest Organization (CAPIO) and drafted by the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), led by Dr. Tonye Clinton Jaja……CONTINUE READING

The bill proposes significant amendments to sections 9, 12, 13, 40, and 152 of the current Electoral Act. Key amendments include establishing polling units and voter registration centers in or near custodial centers and detention facilities. It also seeks to enable inmates to transfer their polling units to the location of their detention.

Key Provisions of the Bill:

1. Polling Units in Custodial Centers:
   • Section 40 of the Electoral Act, 2022, would be amended to insert a new subsection (3) mandating INEC to establish polling units in or near custodial centers in consultation with the facility heads.
2. Voter Registration Centers:
   • Section 9 would be amended to add subsection (8), requiring INEC to designate voter registration centers in or near custodial centers.
3. Transfer of Polling Units for Inmates:
   • Section 13 would be amended to allow inmates to transfer their registration to the polling units located at their detention facilities.

Justification for the Amendment:

CAPIO argues that the right to participate in government should not be denied to any eligible voter, including those in detention. This right is supported by various international and regional legal frameworks, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and People’s Rights. The Nigerian Constitution also guarantees citizens the right to vote.

Despite these legal protections, inmates in Nigerian prisons have been denied the opportunity to vote. CAPIO emphasizes the need to rectify this disenfranchisement and uphold inmates’ voting rights, which were affirmed by a 2014 Federal High Court ruling in Benin, Edo State.

Historical Context and Legal Precedent:

In December 2014, Justice Mohammed Lima of the Federal High Court in Benin ruled that prisoners have the right to vote in Nigerian elections. The court’s decision mandated INEC and the Nigeria Prisons Service to ensure inmates are not disenfranchised. However, this ruling has not been fully implemented.

The Nigerian Senate also passed a resolution in March 2022 urging INEC to allow eligible inmates to vote and to collaborate with the Nigerian Correctional Service to establish voting centers in custodial facilities. INEC has yet to act on this resolution.

Significance of the Proposed Bill:

The bill seeks to address the ongoing violation of inmates’ voting rights by incorporating these rights into the Electoral Act, 2022. It aims to ensure that inmates can participate in the electoral process, thus enhancing the democratic principles of the country. The bill also acknowledges that over 80% of Nigerian prison inmates are awaiting trial and are presumed innocent under the law.

Implementation:

If passed, the bill will:

• Amend the Electoral Act to include provisions for inmates’ voting rights.
• Establish schedules and modalities for voter registration and elections in custodial centers.
• Provide funding for conducting elections in these facilities.

Conclusion:

The proposed amendments to the Electoral Act are designed to uphold the constitutional and human rights of inmates by ensuring their participation in Nigeria’s electoral process. This legislative effort reflects a commitment to democratic inclusivity and the protection of the voting rights of all citizens, regardless of their incarceration status.