A’Court upholds ruling on rights of prisoners to vote

The Benin Division of the court of appeal has pronounced judgement granting prisoners to be included in the voting process starting from 2019.

Five prisoners, Victor Emenuwe, Onome Inaye, Kabiru Abu, Osagie Iyekekpolor and Modugu Odion, had prayed the order of the court to direct the Independent National Electoral Commission (INEC) to include all prisoners in the voter register.

Earlier, a Federal High Court had in 2014 held that prisoners can vote, but narrowed the ruling to only four applicants in the suit brought before it.

The five inmates had therefore filed the appeal on behalf of other inmates in Nigerian prisons.

Ruling on the matter on Friday, Justice S. Oseji, delivering the lead judgment on behalf of Justice Helen Ogunwumiju, on the matter affirmed the judgment of the lower court, adding that all inmates in the country can vote.

Oseji, while affirming inmates right to vote however failed to grant a declaration that INEC should liaise with the Nigeria Prison Service to create a registration centre at various prisons across the country.

Counsel to the appellant, President Aigbokhan of the Initiative for Rural Development, Information and Legal Advocacy, who spoke to newsmen on the ruling, urged INEC to commence immediate registration of inmates across the country for them to participate in next year’s election.

According to Aigbokhan, his clients would appeal some aspects of the decision of the Court of Appeal.

“Prison inmates have their community. Polling units should be located there. We believe they have a right to vote in an election so as to decide those who ultimately decide their future.

“When franchise is given to them, attention will be focused there. Their situation and health conditions will be improved.

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“In 2014, the Federal High Court granted our prayers that prisoners can vote, but narrowed it to the four applicants in the suit even though it was stated there that those applicants were representing other inmates.

“We went to the Court of Appeal and the court agreed that the judgment represented all inmates in the country. That INEC should, with immediate effect, collate the names of inmates and allow them to vote in 2019.

“The judgment disagreed that INEC should create polling units inside the prison. In 2015, the inmates were over 550,000.

“All INEC needs to do is to update their voter register and liaise with NGOs as volunteers to help them. It is victory for Nigeria’s democracy.”

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