Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has described the proposed bill seeking to make voting compulsory in Nigeria as both unconstitutional and impractical under the current legal framework.
The bill, jointly sponsored by the Speaker of the House of Representatives, Tajudeen Abbas, and Labour Party lawmaker Daniel Asama Ago, aims to amend the Electoral Act to mandate voting in national and state elections. It proposes penalties including a six-month jail term or a fine of ₦100,000 for eligible voters who fail to cast their ballots.
During Thursday’s plenary session, Ago, who represents Bassa/Jos North Federal Constituency, argued that the legislation is designed to combat voter apathy and curb vote-buying. He was supported by Deputy Speaker Benjamin Kalu, who cited Australia as an example where mandatory voting has reportedly boosted civic responsibility.
However, Falana, in a statement issued on Monday titled ‘Compulsory Voting is Not Enough’, faulted the proposed law on constitutional grounds, warning that it infringes on several fundamental rights guaranteed by the 1999 Constitution.
“The Speaker of the House of Representatives probably wants Nigeria to join Egypt—the only African country out of 23 globally with provisions for compulsory voting,” Falana said.
He noted that the Constitution protects citizens’ rights to privacy, freedom of thought and conscience, as well as the freedom to choose whether to vote.
Falana argued that the bill contradicts key constitutional provisions, specifically Sections 37, 38, 77(2), 135(5), and 178(5), which, according to him, do not support any form of electoral compulsion.
“It is doubtful whether the Speaker and his colleagues have paid sufficient attention to the relevant provisions of the Constitution,” he added.
The senior lawyer urged lawmakers to focus on electoral reforms that promote transparency and voter education rather than coercion.