Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has firmly opposed a proposed bill seeking to make voting mandatory in Nigeria, describing it as both “unconstitutional” and “impractical” under the current legal system.
The bill, co-sponsored by House Speaker Tajudeen Abbas and Labour Party MP Daniel Asama Ago, aims to amend the Electoral Act to compel all eligible Nigerians to vote in national and state elections. Defaulters could face a ₦100,000 fine or a six-month prison term.
During Thursday’s plenary session, Ago, who represents Bassa/Jos North, claimed the bill would tackle voter apathy and vote-buying. Deputy Speaker Benjamin Kalu also backed the proposal, citing Australia’s model of compulsory voting as a successful example of increased civic participation.
However, in a statement titled ‘Compulsory Voting is Not Enough’, Falana argued that the bill directly conflicts with constitutional rights, particularly those enshrined in Sections 37, 38, 77(2), 135(5), and 178(5) of the 1999 Constitution, which guarantee privacy, freedom of thought and conscience, and voluntary participation in the electoral process.
“The Speaker may want Nigeria to emulate Egypt—the only African country among 23 globally with provisions for compulsory voting,” Falana said.
“But such a law would be unconstitutional in Nigeria, as it contradicts fundamental rights and freedoms.”
‘Impossible to Enforce’
Falana further stated that the bill would be legally toothless since the constitutional chapter underpinning democratic principles—Chapter II—is non-justiciable, meaning it cannot be enforced in a court of law.
“It is practically impossible to prosecute millions who might boycott flawed elections. Compulsory voting cannot be enforced in a legal vacuum,” he warned.
Falana criticised courts for routinely dismissing the enforceability of Chapter II while ignoring Section 224, which mandates political parties to align with its directives. He stressed that political parties and public officeholders are constitutionally required to uphold socio-economic rights.
“All elected officials swear an oath to protect the Fundamental Objectives and Directive Principles of State Policy. You cannot demand compulsory voting without ensuring citizens’ welfare and basic rights,” he said.
He also invoked Article 13(1) of the African Charter on Human and Peoples’ Rights, which affirms the right to participate in governance—though not by coercion.
‘Focus Should Be on Electoral Reform’
Rather than criminalising voter apathy, Falana urged lawmakers to amend the Electoral Act to support credible reforms. He criticised the absence of legal recognition for technologies like BVAS and IReV, despite their increasing use in elections.
“The Supreme Court has ruled that electronic devices are not yet backed by law. That’s where legislative attention should be focused.”
He also called on the National Assembly to implement key Uwais Electoral Reform Panel recommendations, including:
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Unbundling INEC
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Introducing proportional representation
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Resolving election disputes before winners are sworn in
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Establishing an electoral offences commission
Judicial Precedents
Falana referenced Nwali v Ebonyi State Independent Electoral Commission (2014), where the Court of Appeal ruled that open ballot voting violated the right to privacy.
He also cited Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo (2001), in which the Supreme Court upheld the right to refuse medical treatment on religious grounds—affirming freedom of thought and conscience.
Additional cases included:
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Digital Rights Lawyers Initiative v NIMC (2020), where digital privacy was upheld
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Lagos State Govt v Asiyat AbdulKareem (2022), which protected the right to wear the hijab in public schools
In summary, Falana called on the legislature to withdraw the bill and instead focus on credible and inclusive electoral reform.
“Unless Chapter II is made enforceable, any attempt to mandate voting will remain a legal contradiction,” he concluded.