Court upholds right of prison inmates to vote

A Federal High Court sitting in Benin, the Edo State capital, on Tuesday ruled that inmates of all prisons across Nigeria have the right to vote in all elections conducted in the country.

Ruling in a suit filed 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 Comptroller-General of Nigeria Prisons Service, the court presided over by Justice Mohammed Lima compelled the defendants to ensure that the applicants (being the prisoners) are not disenfranchised.

The plaintiffs had in an amended Originating Summons, prayed the court to determine “whether having regards to the provisions of section 25 of the Constitution of the Federal Republic of Nigeria 1999, 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 first 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 Constitution of the Federal Republic of Nigeria 1999 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 first 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 the Federal Republic 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 of the Federal Republic of Nigeria, Article 13 (1) and Article 20 (1) of the African Charter on Human and People’s Rights.


Justice Lima in his ruling held that “any act by the first Defendant to deny inmates the right to vote is unconstitutional, illegal, irregular, unlawful, null and void and of no effect whatsoever; 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 further gave an order of mandatory injunction directing the first Defendant to update and include in the National register of voters names of citizens in the custody of second defendant and an order of mandatory injunction tasking INEC and the Comptroller-General of Nigeria Prisons Service to include the plaintiffs as well as make the environment comfortable for them to exercise their franchise.
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Reacting to the judgment, Counsel to the plaintiffs, Barrister Aigbokhan,hailed the ruling, stressing that erosion of inmates’ rights to vote creates dangerously fragile environment for overall human rights in the light of 365 days of human right that is the theme of human right in 2014.


“The judgment is a wedge on the slippery slope of creating second class citizens in Nigeria,” he said.


http://dailypost.ng/2014/12/18/court-upholds-right-prison-inmates-vote/

Criminals shouldn't have a say in Nigeria future... GEJ till 2019!!!

Really?

temitemi1:
Criminals shouldn't have a say in Nigeria future... GEJ till 2019!!!

what of ex cons like bode george?

And another rigging avenue opens...

Are their PVC going to bear maxium prison kirikiri or what? That will be a sad memory though