A Federal High Court sitting in Benin City on Thursday ruled that
inmates of the Nigerian prisons have the right to vote in all elections
conducted in the country.
The court, presided by Justice
Mohammed Lima, who 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 Nigeria 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 “whether having regards to the provisions of Section 25 of the
1999 Constitution, 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.”
Other reliefs sought by the
plaintiffs were that the court should determine whether having regard to
the provisions of Section 77 (2) of the 1999 Constitution and Section
12 (1) of the Electoral Act 2010, the plaintiffs are not entitled to
cast their votes at any election; and whether the failure of the 1st
defendant to make registration and voting provisions for the inmates in
the custody of the 2nd defendant does not constitute an infringement on
their rights as citizens of Nigeria as enshrined in section 14 (1) (2)
(a) (b), section 17 (2) (a), section 24 (b), (c), section 39 of the 1999
Constitution, Article 13 (1) and Article 20 (1) of the African Charter
on Human and People’s Rights.
In his judgment, 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.
He added 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 restraining the 1st defendant to
update and include in the national register of voters names of citizens
in the custody of 2nd defendant and an order of mandatory injunction
directing the 1st and 2nd defendants, a body totally known to the
constitution, have the constitutional mandate, capacity or authority to
include the plaintiffs and make the environment comfortable for them to
exercise their franchise.”
Speaking, counsel with the
plaintiffs, Aigbokhan President, lauded the judgment and stated that
erosion of inmates’ rights to vote creates dangerously fragile
environment for overall human rights in the reign of 365 days of human
right being the theme of human right in 2014.
He asserted that “the judgment is a wedge on the slippery slope of creating second class citizens in Nigeria.
Credit: Adibe Emenyonu/ThisaAy
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