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By Myke Agunwa
In an uncommon show of political sagacity, three Nigerian politicians once demonstrated that prison walls are no barrier to ambition or popular support. Their triumphs underscore the profound intricacies of Nigerian politics, where the will of the people clashes with court cases, accusations of corruption, or politically driven prosecutions.
This clash births a new democratic experience where power and popularity become major factors on election days.
Despite being confined to the prison wall, these rare breed of politicians managed to mobilize loyal supporters, leveraged on sympathy from the electorate, and converted their legal woes into political capital. Their victory from prison has provoked contentious discussions regarding the endurance of political structures, the strength of democracy, and the fairness of the legal system in Nigeria.
Their wins from prison not only shocked observers but also sparked heated debates about the strength of democracy, the integrity of Nigeria’s justice system, and the resilience of political structures.
It was learnt that loyalty, ethnic or regional solidarity, pity for alleged political persecution, and a profound skepticism of the legal system are the main reasons why voters frequently support imprisoned leaders. Many view these candidates as the targets of witch hunts due to their vociferous position and stand-up against repressive political organizations and policies.
According to Section 137(1)(e) of the 1999 Constitution (as amended), a person is disqualified from contesting for the office of President (and similar provisions exist for governors, senators, and representatives) if they have been convicted and sentenced for an offense involving dishonesty or fraud within 10 years before the election, unless granted a pardon.
However, the constitution does not stop persons awaiting trial or detained without conviction from contesting.
A convicted person can still contest if their appeal is pending (since conviction is not considered final until all appeals are exhausted).
A person who has been pardoned regains eligibility and can vie for an election.
Bright Ngene
The most recent case is that of Bright Ngene, the Labour Party (LP) candidate who won the Enugu South Urban Constituency seat in the 2023 Enugu State House of Assembly elections while in detention.
Ngene’s incarceration stemmed from a long-running dispute dating back to his time as Secretary of the Akwuke Town Union’s Contract Committee (2014–2016). He and an associate were accused of diverting about ₦15.75 million in community royalties into a corporate account linked to him and his wife, instead of the town union’s official account.
Although the case was first reported in 2017, it resurfaced dramatically after Ngene’s electoral victory in 2023. On July 28, 2024, an Enugu South Magistrates’ Court, presided over by E. D. Onwu, handed him a seven-year sentence—three years for conspiracy and four years for theft. The Labour Party and his supporters, however, argued that the charges were politically motivated to undermine his mandate.
The case was later transferred to Alternative Dispute Resolution (ADR), but following the election victory of Ngene in the March 18, 2023, State Assembly Election, the Magistrate who had earlier transferred the case to ADR declared that he was under instruction to conclude the case.
In a bye-election conducted by the Independent National Electoral Commission on Saturday, August 16, 2025, Ngene was declared the winner after a voting process that was earlier cancelled.
In a statement signed by National Commissioner and Chairman, Information & Voter Education Committee, Sam Olumekun, the commission affirmed that Ngene secured the highest number of votes, defeating his closest rival, Sam Ngene of the Peoples Democratic Party (PDP), by a margin of over 3,000 votes.
He said, “Two re-run elections by order of the Election Petition Appeal Tribunals were held in Enugu and Kano States.
“After previous disruptions of the elections in the two States by violence and thuggery, the elections have now been concluded. Declaration and return were made by the Returning Officers.
“For the Enugu South 1 State Constituency of Enugu State, Ngene Bright Emeka of the Labour Party (LP) was declared winner while Ya’u Garba Gwarmai of the All Progressives Congress (APC) won the election in Ghari/Tsanyawa State Constituency of Kano State.”
His victory from detention and subsequent conviction highlight the volatile intersection of politics and justice in Nigeria. For many voters, Ngene’s detention symbolized persecution, fueling sympathy that transformed into votes—even as the legal system later declared him guilty.
Senator Theodore Orji
Senator Theodore Orji’s 2007 governorship victory while in detention is one of the most unusual episodes in Nigerian politics
Candidate of the then Progressive Peoples Alliance (PPA) Orji won his gubernatorial election in 2007 from prison becoming the first governor to be so elected from jail.
As at the time of electioneering campaigns, Orji was at the Kirikiri Maximum Prisons in Lagos awaiting trial for multiple count charges of money laundering, fraud and conspiracy.
The EFCC accused him of being the conduit through which Abia State under the leadership of Senator Orji Uzor Kalu, whom he served as Chief of Staff, siphoned the state resources for eight years of
However, regardless of his confinement, Orji defeated Chief Onyema Ugochukwu of the PDP by 265, 289 to 136, 858 votes. He was subsequently granted bail few days to his swearing in on May 29, 2007.
Many voters saw his detention as politically motivated and rallied behind him out of sympathy and loyalty to the Kalu political dynasty, which at the time dominated Abia politics.
Senator Iyiola Omisore
Omisore, a former Deputy Governor of Osun State and later Senator, was arrested and detained in 2002 over allegations of involvement in the assassination of former Attorney-General, Chief Bola Ige. At the time of his detention, Omisore was contesting for the Ife/Ijesa Senatorial District seat.
The week preceding Ige’s death, the long-running feud between the then Osun State Governor, Bisi Akande and his deputy, Omisore had allegedly contributed gravely to the death of an Osun legislator at the time, Odunayo Olagbaju. An ally of Omisore, Olagbaju was said to have allegedly played a role in the humiliation of Ige at the Ooni of Ife’s palace few days earlier. A mob had attacked Ige during the chieftaincy investiture of the wife of former President Olusegun Obasanjo and lifted his cap.
Several suspects were arrested following the shooting to death of Ige in Ibadan, Oyo State. However, fingers were pointing at Omisore, who was impeached and subsequently arrested on December 27, 2002 despite decamping to the then ruling political party, Peoples Democratic Party (PDP) from the Alliance for Democracy (AD).
Despite being in prison during the election, he won and was declared the Senator for Osun East in 2003 under the People’s Democratic Party (PDP). His victory shocked many observers, but it demonstrated the strong loyalty of his political base in Osun and the ability of politicians to convert high-profile trials into platforms of sympathy and influence.
Later, Omisore was acquitted of all charges, but his case remains one of the clearest examples of how Nigerian politicians have managed to secure electoral victories from detention. He served as the National Secretary of the All Progressives Congress (APC).