Electoral Act Amendment: Bill Proposes Voting Rights for Nigerian Prisoners

A bill submitted to the National Assembly seeks to amend provisions of the Electoral Act, 2022, to grant inmates in Nigerian prisons the right to vote in elections.

The proposed legislation, titled the ‘Electoral (Custodial Inmates) Bill, 2024’, was obtained by DAILY POST. It aims to amend sections 9, 12, 13, 40, and 152 of the current Electoral Act to allow detainees and prisoners to vote. The bill 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.

Key amendments include establishing polling units and voter registration centers in or near custodial centers and detention facilities, allowing inmates to transfer their polling units to their current locations, and ensuring these provisions are enacted in consultation with the heads of the respective institutions.

The bill highlights the importance of upholding the voting rights of eligible detainees, referencing global, regional, and national legal frameworks such as the Universal Declaration of Human Rights and the Nigerian Constitution. CAPIO emphasizes that no legal or constitutional provisions currently prevent detainees from participating in elections.

Despite a 2014 Federal High Court ruling affirming prisoners’ voting rights, inmates have not yet been allowed to vote. CAPIO argues that the proposed amendments align with the court’s decision and address the violation of inmates’ voting rights. The Nigerian Senate also passed a resolution in March 2022 urging the Independent National Electoral Commission (INEC) to facilitate inmate voting.

CAPIO underscores the urgency of this amendment, noting that over 80% of Nigerian prison inmates are awaiting trial and presumed innocent. The bill seeks to ensure their inclusion in the electoral process and rectify the ongoing disenfranchisement of incarcerated citizens. If passed, the legislation would establish schedules and modalities for inmate voter registration and election conduct, as well as provide funding provisions for these activities.