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2 IRLJ 139 (2020)
Prisoners' Right to Vote in Nigeria: A Review of Victor Emenuwe and Ors v Independent National Electoral Commission (INEC) and Comptroller General of Nigeria Prisons

handle is hein.journals/inlrwolw2 and id is 559 raw text is: OBODO & AIGBOKHAN: Prisoners' Right To Vote In Nigeria: A Review Of Victor Emenuwe And Ors V Independent National Electoral Commission (INEC) And Comptroller General Of Nigeria Prisons - PRISONERS' RIGHT TO VOTE IN NIGERIA: A REVIEW OF VICTOR EMENUWE AND ORS V- INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) AND COMPTROLLER GENERAL OF NIGERIA PRISONS* Abstract In 2014, the Federal High Court pronounced on the right of prisoners in Nigeria to vote in the case of Victor Emenuwe and Ors v Independent National Electoral Commission (INEC) and Comptroller General of Nigeria Prisons. Dissatisfied with part of this judgment, Victor Emenuwe and Ors appealed to the Court of Appeal sitting at Benin, Edo State, Nigeria. On December 7, 2018, the Court of Appeal gave its judgment, but this decision was in the apron string of the lower court on the voting procedure for prison inmates. This case note looks at the legal context of these court decisions on prisoners' right to vote by examining the arguments placed before the Federal High Court and the Court of Appeal. It provides insights into the legal and administrative implications of the court decisions and how this decision can be enforced. Further, this case note contended that the Court of Appeal decision satisfies Nigeria's legislation on voting rights, although inadequate on the procedure on how to ensure this right is enjoyed by prisoners. Keynotes: Prisoners, Right to vote, Victor Emenuwe and Ors v Independent National Electoral Commission (INEC) and Comptroller General of Nigeria Prisons, Nigeria 1. Summary of Facts of the Case Victor Emenuwe Case at the Federal High Court The plaintiffs, Victor Emenuwe, OnomeInaye, Kabiru Abu, Osagie Iyekepolor and Modugu Odion (for and on behalf of inmates in Nigeria Prisons) instituted a suit at the Federal High Court (FHC) sitting in Benin against Independent National Electoral Commission (INEC)and Comptroller General of Nigeria Prisons' by an originating motion dated 18th day of February 2014. This case was brought in a representative capacity by five prison inmates and sought the following- the court to determine whether, having regards to the provisions of section 25 of the 1999 Constitution of Nigeria, as amended in 2011, and section 12 (1) of the Electoral Act 2010, the plaintiffs are entitled to be registered as voters by the electoral body. The plaintiffs also prayed the court to 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 in the country. Also, the plaintiffs further prayed the court to determine whether the failure of electoral body to make registration and voting provisions for the inmates in Nigerian Prisons constitutes 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 and article 13 (1) and article 20 of the African Charter on Human and Peoples Rights (African Charter). It was the plaintiffs' argument that inmates in Nigerian Prisons be allowed to vote because it is a right recognised under the African Charter and the 1999 Constitution, as amended. In the determination of the pleadings before it, the FHC in its findings held inter alia that the inmates could vote in Nigeria and narrowed its decision on voting rights to the named plaintiffs and not all inmates in Nigeria Prison, as sought by the plaintiffs. Highlighting its reason for this ruling, the FHC ruled that representative action under the Federal High Court Civil Procedure Rules 2009 requires a leave of Court. Hence, the FHC ruling denied ordering mandatory injunction directing the electoral body to update and include in its national voters' register names of citizens in the custody of the second defendant. Further, the FHC ruled that the prison authority is not bound to specifically set up registration centres and voting unit within the prison yards for inmates. The FHC stated that since there are other alternative arrangements that can be made for inmates to exercise their voting right, it need not specify or make it mandatory for the respondents to establish registration and polling centres within prison walls. Instead, the court ruled that qualified inmates' can be taken to the closest voting centres established by INEC to exercise this right. *By Chimere Arinze OBODO, PhD, Lecturer, Faculty of Law, Imo State University, P. M. B. 2000, Owerri, Imo State. Email- chimereobodo@yahoo.co.uk.Phone: 08109480167 * President AIGBOKHAN, LLM, Executive Director of Freedom of Information Counsel and Co-founder of Wig for All. Email- kpresident@yahoo.com 'Suit No. FHC/BC/CS/12/14, delivered on 16 December 2014. 2Ibid. Page 1 139

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