Prisoners May Vote In 2015 As Court Upholds Inmates’ Right A Federal High Court sitting in Benin, Edo State has ruled that inmates of prisons in Nigeria have the right to vote in all elections conducted in the country. The court, presided over by Justice Mohammed Lima, which gave the ruling in a suit instituted by Victor Emenuwe, Onome Inaye, Kabiru Abu, Osagie Iyekepolor, Modugu Odion (for and on behalf of inmates of Nigerian prisons), against the Independent National Electoral Commission (INEC) and the controller-general of Nigeria Prisons Service, also directed the defendants to ensure that the applicants are not disenfranchised. The plaintiffs had in an amended Originating Summons, asked the court to determine among others “whether having regards to the provisions of section 25 of the Constitution of the Federal Republic of Nigeria 1999, as amended in 2011, and section 12 (1) of the Electoral Act 2010, the plaintiffs are not entitled to be registered as voters by the 1st Defendants”; In his judgement, Justice Lima declared that “any act by the 1st Defendant to deny inmates the right to vote is unconstitutional, illegal, irregular, unlawful, null and void and of no effect whatsoever; that the Defendants do not have the constitutional right to deny the claimants their voting rights; that being an inmate is not an offence that impedes their registration and voting right under section 24 of the Electoral Act; and that the exclusion of inmates in elections conducted in Nigeria is illegal, ultra vires and null and void.” The judge thereafter made an order of mandatory injunction directing the 1st Defendant to update and include in the National Register of Voters names of citizens in the custody of the 2nd Defendant.
Posted on: Sat, 20 Dec 2014 13:09:21 +0000