SERAP demands withdrawal of bill proposing jail for Nigeriansigerians who don’t vote

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The Socio-Economic Rights and Accountability Project has called on Senate President, Godswill Akpabio, and House of Representatives Speaker, Tajudeen Abbas, to immediately withdraw a bill seeking to impose a six-month jail term or a fine of ₦100,000—or both—on eligible Nigerians who fail to vote in national and state elections.

In a letter dated March 29, 2025, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation described the proposed legislation as “oppressive” and a violation of citizens’ rights under the Nigerian Constitution and international human rights laws.

“Jailing eligible Nigerians for deciding not to vote would be entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution and the country’s international human rights obligations,” the letter stated.

This is detailed in a Sunday press statement shared with PUNCH Online.

The bill, is titled ‘Bill for an Act to Amend the Electoral Act 2022 to Make It Mandatory for All Nigerians of Majority Age to Vote in All National and State Elections and for Related Matters,’ proposes making voting compulsory for all eligible Nigerians.

SERAP argued that the measure infringes on citizens’ right to choose whether to participate in elections or not.

“The right to vote includes the right not to vote. If the right to participation is a right of the citizen, she/he must be free to decide whether or not to exercise it,” SERAP said.

Rather than criminalising voter apathy, SERAP urged the National Assembly to prioritise electoral reforms, including removing constitutional immunity for state governors and their deputies who commit electoral offences.

“The National Assembly ought to propose bills to reduce the influence of money in politics, and encourage—not compel—the exercise of the right to participation,” SERAP added.

The organisation further emphasized the need to explicitly prohibit the appointment of partisan individuals as Resident Electoral Commissioners in the Independent National Electoral Commission.

It also called for amendments to enhance voter registration processes through technology and secure voting mechanisms.

SERAP warned of legal action should the bill be passed into law.

“Should the National Assembly fail to drop the bill prescribing a six-month jail term for eligible Nigerians who decide not to vote, and should any such bill be assented to by President Bola Tinubu, SERAP would consider appropriate legal action to challenge the legality of any such law and ensure they are never implemented,” it stated.

Highlighting the importance of voluntary participation in democracy, SERAP said, “The idea of compulsory voting and jailing citizens for not voting is impracticable, unnecessary, and unlawful.

“Voters must get to choose how they exercise consent, not be forced to the polls like ‘cattle to the slaughter.’”

The group also stressed the need to rebuild public trust in elections, arguing that effective participation and confidence in the process depend on creating a safe and conducive electoral environment.