Yemi Obafemi
Human rights advocate and Senior Advocate of Nigeria, Femi Falana, has condemned the move to introduce compulsory voting in Nigeria, describing it as potentially unconstitutional and unworkable within a political system he says is marred by corruption, misgovernance, and elitist control.
In a statement issued on Monday titled ‘Compulsory Voting is Not Enough’, Falana faulted a recent proposal by the Speaker of the House of Representatives for compulsory voting in Nigeria.
A bill jointly sponsored by the Speaker of the House of Representatives, Tajudeen Abbas, and Labour Party representative Daniel Asama Ago seeks to amend the Electoral Act by introducing compulsory voting for all eligible Nigerians in national and state elections. Under the proposed law, citizens who fail to vote could face a ₦100,000 fine or a six-month prison sentence.
Presenting the bill during Thursday’s plenary session, Ago, who represents Bassa/Jos North, said the measure is designed to tackle voter apathy and discourage vote-buying. Deputy Speaker Benjamin Kalu backed the proposal, referencing Australia as an example where mandatory voting has reportedly improved civic engagement.
Falana described the move as unconstitutional and practically unenforceable.
In the statement, he questioned the Speaker’s comparison of Nigeria to Egypt, the only African country among 23 globally that has laws mandating compulsory voting.
He argued that the proposal, if implemented, would infringe on several constitutional rights, including the rights to privacy, freedom of thought and conscience, and the voluntary nature of voter participation as provided for in national and state elections.
Falana said: “The said constitutional provisions protect the fundamental rights of the Nigerian people to privacy, freedom of thought and conscience, as well as the freedom to register and vote in national and state elections conducted in Nigeria.
“However, it is doubtful whether the Speaker and his colleagues have paid sufficient attention to the relevant provisions of the Constitution. Otherwise, they would have realised that the compulsory voting is constitutionally invalid in every material particular on the ground that it is inconsistent with Sections 37, 38, 77(2), 135(5) and 178(5) of the Constitution.
“Compulsory voting cannot be legalised in vacuo. Apart from the possibility that it may be declared illegal under the current political dispensation, it is practically impossible to prosecute millions of Nigerians who may decide to boycott national and local elections that have been reduced to the periodic renewal of misgovernance, corruption, and abuse of power by pampered members of the political class,” Falana warned.
He further noted that such a policy would not only be illegal under the current democratic framework but also practically unenforceable.
“It is practically impossible to prosecute millions of Nigerians who may decide to boycott national and local elections that have been reduced to the periodic renewal of misgovernance, corruption, and abuse of power by pampered members of the political class,” he warned.
Falana acknowledged that Section 14(2) of the Constitution promotes popular participation in governance. However, he maintained that compulsory voting could only be justified if Chapter II of the Constitution, which outlines the Directive Principles of State Policy, is made justiciable.
