A Federal High Court sitting in Benin, Edo State, has held that prisoners in Nigerian prisons have the right to vote in all elections conducted in the country.
Justice Mohammed Lima, who made the ruling in a suit 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 were not disenfranchised.
In his judgment, Justice Lima, said: “Act byINEC to deny inmates the right to vote is unconstitutional, illegal, irregular, unlawful,null and void and of no effect whatsoever. The defendants do not have the constitutional right to deny the claimants their voting rights.“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 and ultra vires.”
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