Electoral Act Amendment: Bill Proposes Voting Rights for Nigerian Prisoners

A new bill submitted to the National Assembly seeks to amend the Electoral Act, 2022, to grant inmates in Nigerian prisons the right to vote. The proposed legislation, titled ‘Electoral (Custodial Inmates) Bill, 2024,’ aims to adjust sections of the current Electoral Act to establish polling units and voter registration centers within or near custodial centers.

The bill, 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, specifically targets amendments to sections 9, 12, 13, 40, and 152 of the Electoral Act. One significant proposal is the amendment of Section 40 to include a provision for the Independent National Electoral Commission (INEC) to establish polling units in custodial centers.

The bill also suggests amendments to Section 9, advocating for voter registration centers in prisons, and Section 13, allowing inmates to transfer their polling units to their place of detention.

CAPIO emphasizes the importance of the bill, stating that denying eligible inmates the right to vote violates their fundamental human rights, as enshrined in international and regional legal frameworks such as the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights. These frameworks guarantee the right to participate in government, which should extend to incarcerated individuals.

A 2014 ruling by the Federal High Court in Benin supported the inmates’ right to vote, declaring that denying this right was unconstitutional. Despite this, inmates have remained disenfranchised.

The bill, if enacted, would integrate prisoners’ voting rights into the ongoing reforms of the Electoral Act, ensuring inmates’ participation in the electoral process, setting up the necessary infrastructure, and providing funding for these activities.

The Nigerian Senate had previously called on INEC to facilitate inmate voting in a resolution passed in March 2022, yet compliance has not been observed. CAPIO underscores the urgency of this amendment, noting that over 80% of Nigerian inmates are awaiting trial and presumed innocent under the law. Enacting this bill would address their disenfranchisement and uphold their rights within the democratic process.