IN A PROPER DEMOCRACY, PRISONERS ARE PEOPLE TOO.
Abraham Lincoln talking about democracy would say it is the government of the people, by the people and for the people. Democracy entails the exercise of the electoral right of the people wherein citizens are allowed to participate in the process of choosing their representatives at different levels of government. The right to participate in politics though may be subject to a few other qualifications set down by the laws of each polity, it is intricately linked to the citizenship right of an individual. Meaning, every citizen except those suffering from certain disabilities should participate in the government of the political entity to which they belong.
Section 25 of the Nigerian constitution (As amended) spells out who a citizen is. Citizenship as a right is innate and inalienable. A person does not forfeit their citizenship right by the reason of incarceration. The Electoral Act at section 24 and 12(1), sufficiently discloses the grounds upon which a person could be denied franchise and these do not include the condition that a person is arrested for a criminal offence, standing trial, convicted, serving a jail term or is condemned to death.
In a proper democracy, prisoners as citizens and part of the people of a particular political enclave should be allowed to participate in deciding the decision makers whose actions and inactions invariably affect their lives and welfare.
Though there is a concurrent ruling of superior courts i.e the Federal High Court and the Court of Appeal both sitting at Benin in the case of Emenuwe and Ors v INEC and anor.(2018) LPELR-46104, to the effect that by the virtue of sections 77 (2) of the 1999 Constitution and section 12 (1) of the Electoral Act 2010, prisoners are qualified to vote and that their disenfranchisement violates section 14 (1) (2) (a) (b), section 17 (2) (a), section 24 (b) (c), section 39 of the 1999 Constitution and article 13 (1) and article 20 of the African Charter on Human and Peoples’ Rights; it is rather disappointing to note that no step has been taken by INEC to address this issue.
It is our view that the right of prisoners to vote is not particular to Nigeria alone and there is no justification for INEC’s laxity in complying with the decision of Court affirming this right. It is an undemocratic gesture to continue to disenfranchise persons behind bars in a state where more than 60,000 inmates are awaiting trial and still enjoy the constitutional right of presumption of innocence till proven guilty. Therefore, In the spirit of democracy, it will be most appropriate for INEC to implement the laudable recommendations of March 8, 2022, of the Senate House on voting rights of inmates.
Section 25 of the Nigerian constitution (As amended) spells out who a citizen is. Citizenship as a right is innate and inalienable. A person does not forfeit their citizenship right by the reason of incarceration. The Electoral Act at section 24 and 12(1) discloses sufficiently the grounds upon which a person could be denied franchise and these do not include the condition that a person is arrested for a criminal offence, standing trial, convicted, serving a jail term or is condemned to death.
In a proper democracy, prisoners as citizens and part of the people of a particular political enclave should be allowed to participate in deciding the decision makers whose actions and inactions invariably affect their lives and welfare.
Though there is a concurrent ruling of superior courts i.e the Federal High Court and the Court of Appeal both sitting at Benin in the case of Emenuwe and Ors v INEC and anor.(2018) LPELR-46104, to the effect that by the virtue of sections 77 (2) of the 1999 Constitution and section 12 (1) of the Electoral Act 2010, prisoners are qualified to vote and that their disenfranchisement violates section 14 (1) (2) (a) (b), section 17 (2) (a), section 24 (b) (c), section 39 of the 1999 Constitution and article 13 (1) and article 20 of the African Charter on Human and Peoples Rights; it is rather disappointing to note that no steps has been taken by INEC to remedy this wrong.
It is our view that the right of prisoners to vote is not particularly to Nigeria alone and there is no justification for INEC’s laxity in complying with the decision of Court affirming this right. It is an undemocratic gesture to continue to disenfranchise persons behind bars in a state where more the 60,000 inmates are awaiting trial and enjoy the constitutional right of presumption of innocence till proven guilty. Therefore, In the spirit of democracy, it will be most appropriate for INEC to laudable recommendations of March 8, 2022, of the Senate House on voting rights of inmates.
