The Socio-Economic Rights and Accountability Project (SERAP) has called on the National Assembly to immediately withdraw a proposed bill that seeks to make voting compulsory in Nigeria, warning that it is “oppressive, impracticable, and unlawful.”
The bill, currently before the National Assembly, titled “A 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”, seeks to impose a six-month jail term, a fine of ₦100,000, or both on eligible Nigerians who fail to vote.
In a letter dated signed by its deputy director, Kolawole Oluwadare, SERAP urged Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to withdraw the bill, arguing that it violates fundamental democratic principles.
“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,” SERAP stated.
The organisation insisted that voting is a right, not an obligation and that forcing citizens to vote under threat of imprisonment undermines democracy.
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“The right to vote includes the right not to vote. If the right to participation is a right of the citizen, she or he must be free to decide whether or not to exercise it.”
SERAP urged the National Assembly to shift its focus to electoral reforms that address vote-buying, voter suppression, and electoral violence rather than punishing voter apathy.
The organisation specifically recommended amending the Nigerian Constitution and Electoral Act to remove constitutional immunity for state governors and their deputies who commit electoral offences such as vote-buying and voter suppression.
They also recommended prohibiting the appointment of political party members as resident electoral commissioners (RECs) in the Independent National Electoral Commission (INEC) and strengthening electoral integrity by incorporating technology, such as online voter registration and electronic voting, to enhance transparency and participation.
SERAP warned that it would take legal action if the National Assembly proceeds with the bill and President Bola Tinubu signs it 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.”
The organisation also criticised the bill for failing to address the root causes of voter apathy in Nigeria, which it attributed to widespread electoral fraud, insecurity, and a lack of trust in the system.
“The most effective way to solve the perennial voter apathy is to create a safe and conducive environment, combat the impunity of high-ranking politicians who commit electoral offences, and generally improve the electoral process to encourage citizens to come out to vote, not to send them to jail,” SERAP argued.
SERAP further emphasised that the role of lawmakers should be to ensure fair elections rather than coercing citizens into participation.
“Voters must get to choose how they exercise consent, not be forced to the polls like ‘cattle to the slaughter,’” the organisation stated.
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The proposed bill has sparked widespread debate, with many critics arguing that punishing citizens for not voting infringes on their democratic rights.
SERAP insists that genuine electoral reform should focus on transparency, accountability, and eliminating barriers to voter participation rather than using punitive measures to force compliance.
