By Obike Ukoh
The heat was too much on the House of Representatives, when the Bill for a Law to Make Voting Compulsory in Nigeria passed Second Reading. The bill was sponsored by Speaker, House of Representatives Abbas Tajudeen and co-sponsored by Daniel Adama Ago. As a result of public outcry and condemnation, the controversial bill was withdrawn.
The speaker in a statement by his media adviser, Musa Abdullahi Krishi, said: “following extensive consultations with a broad spectrum of stakeholders, he has decided to withdraw the Bill to Amend the Electoral Act 2022 to make voting mandatory for all eligible Nigerians.”
He asserted that the bill was meant “to bolster civic engagement and strengthen our democracy by encouraging higher voter turnout.”
Justifying introduction of the bill, the speaker said that “compulsory voting has long been practised with notable successes in countries such as Australia, Belgium and Brazil,’’ adding that “ nations like Argentina and Singapore have also implemented similar measures to foster inclusivity at the ballot box.”
Abbas conceded that lawmaking is about people, stressing that he was committed to exploring positive incentives and innovative approaches that will make voting more attractive and accessible to Nigerians.
Even before the bill was withdrawn, it was clear Nigerians were ready for a battle over the ill-timed bill.
The Human Rights Writers Association of Nigeria( HURIWA) described the bill as threat to constitutional liberties and undermines democratic principles.
The bill proposed a fine of up to ₦100,000 or imprisonment for eligible citizens who fail to vote in national and state elections.
HURIWA’s National Coordinator, Comrade Emmanuel Onwubiko, in his statement asserted that:
“Compelling people to vote through threats of punishment does not build democracy, it destroys it.
“Refusing to vote is in itself a political statement, and any law that criminalizes such a decision is attempting to silence dissent.”
On its part, the Nigerian Bar Association (NBA), through its President, Mazi Afam Osigwe (SAN), denounced the bill.
“You cannot jail a citizen for choosing silence, the right to vote is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive legal measures violates the fundamental right of Nigerians to decide whether or not to participate in elections,” Osigwe declared.
The NBA president also stressed that “Democracy is not sustained by coercion. It thrives on consent, participation, and trust.”
The association further expressed concern that the government is targeting non-voters for punishment, instead of addressing the root causes of voter apathy, such as electoral violence, vote buying, insecurity, and lack of public trust in the electoral system.
On his part, foremost activist, Femi Falana (SAN) also faulted the Proposed Mandatory Voting Bill
Falana in a statement said the proposal runs contrary to several provisions of the 1999 Constitution, adding that the constitutional provisions safeguard the rights of Nigerians to privacy, freedom of thought and conscience, as well as the right to register and vote voluntarily in national and state elections.
“I doubt that the speaker and his colleagues paid sufficient attention to the relevant provisions of the 1999 Constitution.
“Otherwise, they would have realised that 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.
“Apart from the possibility that compulsory voting may be declared illegal under the current political dispensation, it is practically impossible to prosecute millions of Nigerian voters who may decide to boycott national and local elections, that have been reduced to the periodic renewal of mis-governance, corruption, and abuse of power,” Falana stated.
Human rights lawyer, Olisa Agbakoba (SAN), also criticised the proposed bill, and vowed that he would rather face imprisonment than comply with such legislation.
Agbakoba, who spoke on a television channel, said inter alia:“Look at the ridiculous one in the National Assembly about voting being compulsory. If that bill sails through, I will not obey it.’ I’ll plead conscientious objection. I’d rather go to prison for six months than to obey it,” he said.
He argued that the move to force citizens to vote fails to address the fundamental issues behind Nigeria’s widespread voter apathy.
“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?” Agbakoba queried.
According to him, many Nigerians have become disengaged from the electoral process due to years of exclusion, broken promises, and lack of visible benefits from governance.
“If I know that I’m going to get something—there’s an aspiration, there’s an interest—you will find people coming out to vote. But then people see the same old trick. You come, you take my vote, you disappear till the next four years. There’ll be apathy,” he added.
Agbakoba warned that unless Nigeria’s political structure becomes more inclusive and responsive to citizens’ needs, mandatory voting laws will only deepen distrust in the system.
“We have a system that excludes. People are not taking part in the process. Democracy can’t succeed if it continues to serve only a select elite,” he said.
Daily Trust newspapers, in an editorial on the issue, described Compulsory Voting as a Misnomer, and also worried that such a bill would even be contemplated.
The paper stressed that the issue that should be addressed is: “Why are Nigerians reluctant to go out and vote? These are the cogent questions Speaker Tajudeen should give preference to, rather than putting in place a law that will ultimately not produce any result.’’
The paper noted that voter apathy is real, adding that a situation whereby only a handful of the electorate go to the polling booths to decide the fortune of over 220 million people does not speak well for Nigeria.
“The outcome of the 2023 general elections is a classical definition of what voter apathy is. Out of 93, 469, 008 registered voters, only 25, 286, 616 were accredited for the presidential election, and at the end of the day, 24, 965, 218 cast their votes.
In the 2019 general elections, although there were 82, 344, 107 registered voters, 29, 364, 209 were accredited for the presidential election, but only 28, 614, 190 actually voted.’’
According to the paper, disillusionment with political leadership has made Nigerians feel disconnected from the political elite, perceiving them as self-serving and indifferent to the needs of the populace. This sense of disappointment contributes to apathy as citizens do not see voting as a tool for meaningful change.
“Nigerians will not need to be compelled to vote, they will do so willingly, if politicians shelve their propensity for greed and lead by example,’’ the paper asserted.
However, critical stakeholders argue, that there are areas that urgently need compulsory compliance, via legislation.
They suggest that a legislation should be in place, to criminalise arbitrary defection by politicians from one party to the other, after winning election on the platform of a party.
They also suggest criminalizing not sending children of school age to school, among others, which they said would boost participatory democracy.
All in all, they stressed that voter apathy is best tackled and checked through addressing holistically all issues and challenges that give rise to reluctance to vote on election days.
Obike Ukoh, ex-Deputy Editor-In-Chief, News Agency of Nigeria (NAN)
