In a strong condemnation of a proposed bill mandating compulsory voting in Nigeria, the Socio-economic Rights and Accountability Project (SERAP) has called on Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to immediately withdraw what it describes as an “oppressive” piece of legislation.
The bill seeks to impose a six-month jail term and/or a fine of N100,000 on eligible voters who fail to participate in national and state elections.
In a letter dated March 29, 2025, signed by SERAP’s deputy director, Kolawole Oluwadare, the organisation warned that the proposed bill contradicts the Nigerian Constitution and violates international human rights obligations.
Instead of forcing citizens to vote, SERAP urged the National Assembly to focus on addressing electoral malpractice by amending the Constitution and the Electoral Act to strip state governors and their deputies of constitutional immunity when implicated in electoral offences, including vote-buying.
SERAP contended that making voting mandatory and punishing those who abstain is unconstitutional and undemocratic.
The organisation asserted that the right to vote is also the right to abstain, arguing that democratic participation must be voluntary, not enforced through coercion.
“The most effective way to tackle voter apathy is to create a secure and conducive voting environment, combat political impunity, and improve electoral processes to encourage voluntary participation, not to criminalise abstention,” the letter states.
SERAP further warned that if the National Assembly proceeds with the bill, and it is signed into law by President Bola Tinubu, the organisation will explore legal avenues to challenge its legitimacy and prevent its enforcement.
Rather than punitive measures against non-voters, SERAP called for amendments that would explicitly prohibit political party members from being appointed as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC).
The group also recommended constitutional amendments to integrate modern technology in voting processes, including online voter registration and electronic voting and counting systems.
“The National Assembly should focus on reducing the influence of money in politics and fostering a culture of political participation through credible elections rather than using coercion,” SERAP emphasised.
The organisation criticised the Nigerian electoral system for failing to explicitly recognise the right to vote as a legally enforceable human right.
While Section 14(1)(c) of the Nigerian Constitution mentions participation in government, it does not explicitly enshrine the right to vote in a way that holds electoral bodies accountable for upholding free, fair, and secure elections.
SERAP further insisted that electoral reforms must include measures to curb political impunity.
It urged the National Assembly to enact laws targeting electoral malpractice, including voter suppression, intimidation, destruction of polling units, and the theft of election materials.
The letter stated: “Removing constitutional immunity for governors and their deputies involved in electoral offences would deter impunity and enhance accountability in Nigeria’s democracy.”
SERAP noted that the crisis in Nigeria’s electoral process stems from a lack of trust in election outcomes, urging the government to prioritise public confidence over punitive voting laws.
It stressed that if citizens believe their votes will not count due to electoral manipulation, compelling them to vote through legislation will not resolve the core issue.
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