The House of Representatives’ bill seeking to amend the Electoral Act 2022 to make voting mandatory for all Nigerians of voting age in all elections has been trailed by controversy. The bill, which has passed the second reading, was jointly sponsored by the Speaker, Tajudeen Abbas, and Daniel Asama, a lawmaker from Plateau State.
The proposed legislation stipulates six months imprisonment or a fine of N100,000 for all defaulters. Leading the debate on the general principles of the bill, Asama argued that the heart of democracy lies in citizen participation, adding that the system thrives when people are actively involved in choosing their leaders and shaping governance.
“This bill proposes to introduce mandatory voting for all Nigerians of voting age in general elections, both at the national and state levels. It seeks to amend the relevant provisions of the Electoral Act, 2022, to reflect this obligation, while also allowing for limited and justified exemptions where necessary,” the lawmaker stated. He said that Australia, Belgium and Brazil have adopted mandatory voting with positive outcomes in political participation and public accountability
Other lawmakers who spoke in favour of the bill included Deputy Speaker Benjamin Kalu, Tijani Ghali (NNPP, Kano), and Amadi Akarachi (APC, Imo). However, some members of the opposition Peoples Democratic Party (PDP) strongly opposed the bill. Mark Esset, who represents Uyo/Uruan Federal Constituency of Akwa Ibom State, argued that pushing the bill would amount to putting something on nothing.
According to him, when citizens have lost confidence in voting, there is a lot of work to be done. “If we make a law to make voting compulsory, we should make another law to make the votes count,” he said. The bill has been referred to the House Committee on Electoral Matters for further legislative action.
When the bill was first introduced, it elicited divergent reactions. The second reading of the bill has also attracted more opposing views. Prominent lawyers in the country and the Nigerian Bar Association (NBA) have faulted the bill, which they described as being draconian and unconstitutional. The NBA, in a statement by its president, Afam Osigwe, said the bill violates fundamental rights guaranteed under the 1999 Constitution and undermines democratic principles.
According to NBA, “Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent and abstention. In a democracy, the right to vote is a civil liberty, not a legal obligation.” The group also cited Section 40 of the Constitution, which guarantees the right to freedom of association, which includes the right not to associate. “Compelling an individual to vote, regardless of their faith in the electoral process or options presented, amounts to a violation of their personal convictions and political freedoms,” it added.
Olisa Agbakoba, Senior Advocate of Nigeria (SAN), equally faulted the bill on many grounds. He questioned the rationale behind the proposed legislation, stating, “Why would the National Assembly want to impose compulsory voting? Why don’t they reverse the question and say, why are Nigerians not interested? What is the apathy about?” Similarly, his counterpart, Femi Falana,m, SAN, said “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.”
Voter turnout in most Nigerian elections has been in steady decline. The turnout in the 2023 general election was abysmal and considered the lowest since independence. In 36 states, less than half of the eligible population turned out to vote. No state had a turnout above 40 per cent. The trend is worrisome and poses serious challenge to participatory democracy. However, proposing a law to make voting compulsory is not the solution. The proposed law is not enforceable. Any law that cannot be enforced should not be enacted.
Voter apathy in the country is a reflection of the people’s anger against the inherent flaws in the electoral system. We agree with the NBA president that democracy is not sustained by coercion. It thrives on consent, participation and trust. The moment citizens are forced to vote under the threat of imprisonment, our democracy will be seriously undermined. Instead of coercing Nigerians to vote, our politicians should make laws that will make our votes count. The wishes of the people must be respected. They should also endeavour to fulfill their campaign promises.
Besides, let the lawmakers make a law for compulsory electronic transmission of election results, which will ensure the transparency of our electoral process and deepen democracy. We need laws to enhance the security and welfare of the people. Persuasive measures will make Nigerians willingly come out and vote instead of coercive and punitive laws.