Ordinarily, inmates’ voting should not be a matter for prolonged debate or dispute, as voting at elections is a key aspect of sovereignty, and its denial should be a constitutional concern.
However, inmates’ voting is not as straightforward as politicians entering a primary school, secondary school, or open space to hold rallies and campaigns. It is also not as simple as a registered voter entering a polling station, joining a queue, and casting a ballot for a preferred candidate.
The process is more complex, and rather than mimicking what occurs in other countries, we must recognise our reality and pragmatically balance constitutional and legal provisions on inmates’ voting with Nigeria’s security challenges and infrastructural deficiencies in custodial centres.
We cannot enforce constitutional and legal provisions on inmates’ voting and thereby trigger security issues of immense proportions. Thought must be given to the logistics and mechanics of inmates’ voting before its implementation. I agree that any individual in Nigeria who does not suffer from any constitutional or legal disability is entitled to vote in democratic elections.
Those awaiting trial who have not been convicted of any offence are entitled to be treated like any other Nigerian and to enjoy all the rights and privileges that accrue to other citizens. The fact of conviction, on the other hand, does not automatically strip Nigerians of their citizenship.
That is why the constitution extends voting rights to Nigerian citizens. In terms of voter registration, Section 77(2) of the Constitution states that every Nigerian citizen who has attained the age of 18 years and is residing in Nigeria at the time of voter registration for an election to a legislative body shall be eligible for voter registration for that election.
Chapter III of the Constitution defines who is a Nigerian citizen: some are citizens by birth, registration, or naturalisation; some possess dual citizenship.
Furthermore, Section 12 of the Electoral Act outlines the qualifications for registration. It provides that a person shall be qualified to be registered as a voter if such a person is a citizen of Nigeria, has attained the age of 18 years, is ordinarily resident in, works in, or originates from the Local Government Area, Council or Ward covered by the registration centre; presents himself to the registration officers of the Commission for registration as a voter; and is not subject to any legal incapacity to vote under any law, rule, or regulation in force in Nigeria.
According to prison authorities, as of August 11, 2025, there are 81,000 inmates in our custodial centres, and of this number, 66% are awaiting trial. Those awaiting trial are individuals whose matters are still pending in various courts. These 66% have not been admitted to bail by the courts and who attend court from the custodial centres.
They have not been convicted and are presumed innocent. That is the essence of Section 36(5) of the Constitution, which provides that every person charged with a criminal offence shall be presumed innocent until proven guilty. This is in contradistinction to those who have been tried, convicted, and sentenced to various terms of imprisonment.
The question is: How do we get those in the various custodial centres to exercise their franchise during an election? Some awaiting-trial inmates are registered voters, and there is a possibility that they have their voter cards with them or at home.
For those who are registered, there are constitutional, legal, administrative, logistical, and geographical impediments to their voting. Section 47(1) of the Electoral Act provides that a person intending to vote in an election shall present himself with his voter’s card to a presiding officer for accreditation at the polling unit in the constituency in which his name is registered, while
subsection (2) provides that, to vote, the presiding officer shall use a smart card reader or any other technological device that may be prescribed by the Commission for the accreditation of voters to verify, confirm, or authenticate the particulars of the intending voter.
The polling unit where the awaiting-trial inmate registered is outside the custodial centre, the constituency is outside the custodial centre, and the inmate is confined within the custodial centre. To vote, the custodial authorities would need to escort them to their polling units in their constituencies and states, for all strands of elections—a logistical impossibility.
The alternative would be to recreate their polling units and constituencies in the custodial centre and transfer their registrations. Unfortunately, some of them may be discharged before the election, which would involve another transfer back to their previous location or a new one.
The case of convicted inmates is more straightforward. Some will spend a definite period behind bars, and it is feasible to recreate their polling units and constituencies within correctional facilities. Registered voters can then vote there, and those who have not registered can be registered and later carry out a transfer when they finish serving their prison sentence.
However, the elephant in the room remains Nigeria’s security challenges and the history of jailbreaks in our custodial centres. Between 2015 and 2025, there were 18 recorded incidents of jailbreaks and the escape of over 9,000 inmates.
This includes the jailbreak at the Kuje Medium Security Custodial Centre, in the FCT, where hundreds of inmates escaped, including condemned criminals, bandits, and Boko Haram insurgents. There is also the April 5, 2021, Owerri Custodial Centre jailbreak, where explosives were used and over 1,800 inmates were freed.
Imo State is still paying the price for this, as a number of the inmates melted into the forests and turned into “freedom fighters,” maiming, kidnapping, and killing people. In October 2020, during the #EndSARS protests, some persons attacked the Benin and Oko prisons and released over 1,900 inmates.
In 2016 and 2019, some inmates escaped from the Koton Custodial Centre, and over 118 escaped from Suleja Custodial Centre on account of torrential downpours that compromised the integrity of the prison structures. In August 2025, 16 inmates escaped from Keffi Custodial Centre after attacking warders; some of them have been rearrested. Concurrent with all these, there are at least 8,246 mentally ill patients in custody.
The implication of all this is that some custodial centres are old and have poor infrastructure. There is overcrowding in some centres. Some inmates are frustrated because of the quality of food they are served. Some have been awaiting trial for a long time and are angry at the slow pace of justice delivery.
Some facilities lack surveillance systems, and there is always the challenge of corruption and insider complicity in some of the jailbreaks. Inmate voting, in the present chaotic situation of our custodial centres, must be carefully considered and evaluated against security concerns in the facilities.
The creation of polling units in custodial centres may pose security challenges, and inmates may exploit them to plan escapes. Political parties would also need to campaign in the custodial centres, while the electoral management body and civil society groups would need to conduct civic and voter education.
Polling agents must be deployed on election day, and civil society groups may elect to observe the registration and voting process in the custodial centres. For now, the security concerns around inmates’ voting rights are paramount. Inmates are indeed registered and vote in other countries, but those countries may not face Nigeria’s security challenges or the deficiencies of our custodial centres. Allowing inmates to vote would enhance our democratic prestige and elevate our international standing.
However, we must plan carefully and weigh all options in making arrangements for inmates’ voting. Let us be pragmatic and set up a committee to study the custodial centres and assess their readiness for inmates’ voting arrangements that will not make them vulnerable to jailbreaks or worsen Nigeria’s security situation.
