Can a Prisoner Campaign For a Candidate in Nigeria? What the Law Says After Wike’s Claim

Federal Capital Territory Minister Nyesom Wike has said even a prisoner can canvass votes for a political candidate, as he defended the inclusion of a person under investigation by the Economic and Financial Crimes Commission (EFCC) in President Bola Tinubu’s 2027 campaign structure.

But while Wike’s argument draws a distinction between being investigated and being found guilty, Nigerian electoral law does not provide a simple blanket answer that a serving prisoner can freely campaign for a candidate.

Wike made the comments on Wednesday during a media parley aired by Channels Television, amid controversy over former Humanitarian Affairs Minister Betta Edu’s inclusion in the All Progressives Congress (APC) presidential campaign council.

“You (the media) were asking the moral justification of putting someone who has an EFCC case to be in a campaign council,” Wike said.

He questioned why a person under EFCC investigation could not campaign for a candidate when people who had faced criminal cases had previously contested elections and won.

“Even a prisoner… maybe they have somebody in prison. I go and visit the person. The person can tell me, ‘My brother, I want you to support so-and-so candidate.’ A prisoner has canvassed for vote,” he added.

What does the law say about campaigning?

The Electoral Act 2026 regulates how campaigns and election-day activities are conducted.

Section 130 specifically prohibits canvassing for votes, soliciting votes or persuading voters within a polling unit or within 300 metres of a polling unit on election day.

It also prohibits election-related slogans and certain forms of political activity around polling and collation centres during voting. A person who contravene the provision can face a fine of up to N500,000 or imprisonment for up to 12 months.

The provision, however, deals principally with where and when canvassing takes place, rather than creating a straightforward rule stating that every person serving a prison sentence is either permitted or prohibited from campaigning outside a polling environment.

That distinction matters to Wike’s argument.

Being under EFCC investigation is different from being convicted

On the issue that triggered Wike’s comments, the legal position is clearer.

An EFCC investigation does not, by itself, amount to a conviction.

The Constitution’s provisions on disqualification from presidential election, for example, identify specific circumstances involving convictions and sentences. Section 137 includes certain convictions, imprisonment and other court-imposed penalties among the circumstances that can disqualify a person from being elected president.

That does not mean every person under investigation is automatically disqualified from political activity.

It also does not mean that being eligible to participate politically settles the separate question of whether a party should appoint such a person to a campaign position. The latter can involve political, ethical and reputational considerations beyond criminal liability.

This distinction is central to the controversy surrounding Edu.

But can a serving prisoner actually campaign?

This is where Wike’s comparison becomes less straightforward.

The Independent National Electoral Commission (INEC) itself has acknowledged that Nigeria’s legal framework on the political rights of inmates requires clarification.

In August 2025, INEC Chairman Mahmood Yakubu said the commission and the Nigerian Correctional Service planned to engage the National Assembly over the legal framework governing inmates’ participation in elections.

Yakubu specifically noted questions about whether political parties should be allowed to campaign inside correctional facilities and appoint polling agents there.

He also said there were differing interpretations of the law regarding the voting rights of inmates, including people serving life sentences or convicted of treason.

That means Wike’s statement should not be read as proof that Nigerian law expressly gives every serving prisoner an unrestricted right to campaign.

There is a difference between a prisoner privately expressing support for a candidate to a visitor and actively participating in an organised political campaign.

The former is the example Wike gave. The latter raises questions about correctional rules, access to political campaign activities and electoral regulations that have not been conclusively settled by the provisions cited above.

What about Betta Edu?

The controversy that prompted Wike’s remarks concerns Betta Edu, who was listed as Director of Women Mobilisation in Tinubu’s 2027 campaign structure.

Edu was suspended by Tinubu in January 2024 following allegations of financial impropriety and was subsequently investigated by the EFCC. She has not been publicly declared guilty of an offence arising from that investigation.

APC campaign council spokesperson Kemi Asekun-Shittu had earlier defended her inclusion, arguing that Edu had not been found guilty and should not be prevented from participating in politics while awaiting the conclusion of the investigation.

She also described the campaign council as an internal party structure whose membership could still be reviewed.

So, is Wike right?

Partly, but his statement needs qualification.

There is an important legal difference between being investigated and being convicted. An EFCC probe alone does not establish guilt, and the mere existence of an investigation does not automatically answer whether someone can participate in political activities.

But Wike’s broader claim that “even a prisoner” can canvass votes is not as straightforward as his example suggests.

Nigeria’s electoral framework contains restrictions on canvassing, particularly around polling units on election day, while INEC has itself acknowledged unresolved questions surrounding the participation of inmates in the electoral process.

So, the safer conclusion is that a person’s criminal or EFCC status and their ability to participate in political activity are separate questions. Whether a serving prisoner can formally participate in organised political campaigning depends on the specific legal and correctional restrictions applicable to inmates.

For Edu, the immediate issue is different: she is being defended as a person under investigation, not as a convicted person serving a prison sentence.

And under Nigerian law, those are not the same legal status.