Electoral act amendment: Nigerians reject reps’ proposal for compulsory voting

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Countries like Australia, Belgium, and Brazil have adopted compulsory voting with positive outcomes in political participation and public accountability. When more people vote, election results are more likely to reflect the true will of the people’.

‘No country, not even the most totalitarian country compels its citizens to vote. Voting is a civic responsibility; if you want, you can vote, if you don’t, you can stay in your house; compelling people to vote is a violation of their rights.’

A cross section of Nigerians, including lawyers and civil society organisations have opposed a bill in the House of Representatives seeking to amend the Electoral Act 2022, to make voting in all national, state and local council elections compulsory for all eligible Nigerians.

The bill, jointly sponsored by Speaker Abbas Tajudeen and Daniel Asama Ago, is titled: A Bill for an Act to Amend the Electoral Act, 2022 to make it Mandatory for Nigerians of Maturity Age to Vote in All National and State Elections and for Related Matters (HB.1930).

    The bill proposes a six-month imprisonment or a fine of not more than N100, 000 for any registered voter convicted for failing to exercise his or her franchise during national, state and local council polls.

    But Nigerians who spoke to Daily Trust described the proposed legislation as a misplacement of priority; while lawyers declared it unconstitutional.

    Tunde Akinyemi, a civil rights lawyer in Surulere, Lagos, said: “This bill is not only draconian, it is tone-deaf. You don’t threaten citizens into participating in democracy; you inspire and earn their trust. Has the government considered the reasons why people don’t vote? Fix electoral violence, rigging and insecurity first, and then we can talk about turnout.”

    On her part, Hajiya Rabi Abdullahi, a school teacher from Keffi, Nasarawa State, said people avoid taking part in election for their safety and other reasons.

    Chukwuemeka Obi, an unemployed graduate from Enugu, said, “Many of us have lost faith in politicians. They come every four years with promises and disappear after winning. If I choose not to vote, that’s my right too. Compelling people with jail is dictatorship, not democracy.”

    An elder from Maiduguri, Bulama Gubio said, “We are still recovering from insurgency here. Many of our people are displaced and don’t even have voter cards. How can they be expected to vote? This kind of law ignores our reality.”

    Ngozi Chukwuemeka, a youth corps member in Jos, said, “We spend hours under the sun during elections and the results are often manipulated. Now the National Assembly wants to punish us for not showing up? They should punish those who rig, not those who are tired of being deceived.”

    Alhaji Sulaimon Adigun, a retired teacher said, “Voting should be a right, not a legal obligation with threat of jail. What about elderly people who can’t make it to polling stations or sick people at home? Or are we now in military era?”

    Bassey Okon, a student activist in Calabar, said, “This bill is oppressive. Instead of blaming poor turnout on citizens, lawmakers should look inwards. Maybe if they were more accountable and transparent, people would actually want to vote.”

    On his part, Aminu Naganye, a Kano-based journalist, said, “The law doesn’t make any sense to me since democracy is all about freedom, and the moment you say something is compulsory, you have tampered with the basic democratic provisions.”  

    However, in Benue State, some citizens said the proposed legislation has several benefits.

    Tertsea Benga said it would increase voters’ turnout as a higher percentage of eligible citizens would be participating in the electoral process and improve accountability.

    A political and public affairs analyst in Rivers State, Bassey Isangedighi, said if the bill is passed, it would encourage voters to come out on election day to discharge civil responsibility.

    Alice Kabowei, from Bayelsa State, said the compulsory voting would help in advancing democracy in the country, as it would make it compulsory for every person on voting age to be committed to their civil responsibility.

    Dons flay bill

    Dr Sikiru Lanre Nurudeen, an associate professor of Political Science and Deputy Vice Chancellor at Al-Hikmah University, dismissed the proposal, saying it fails to address the root causes of voter apathy, particularly the widespread dissatisfaction with governance. He described the lawmakers’ move as a “layman’s approach to increasing voter participation,” and instead called for a thorough sanitisation of the voter register.

    “When people cannot clearly see the benefits of democracy, they are likely to become apathetic. Forcing people to vote undermines the very freedom democracy promises,” he said.

    Also, Prof. Abdulrauf Ambali, a political scientist, said coercing people to vote misses the bigger picture.

    “What is needed is to build structures that inspire trust and enthusiasm among the electorate. When people keep participating without seeing results, trust erodes. The real question is: how do we restore that trust?

    “There is nothing like this in the United States or other western countries often cited as models of democracy.

    “Instead of making laws to coerce people, our leaders should focus on restoring hope by fighting corruption and ensuring good governance,” he said.

    It is unconstitutional – SANs

    Professor Paul Ananaba (SAN) said no country, not even the most totalitarian countries, compels its citizens to vote.

    “Voting is a civic responsibility; if you want, you can vote, if you don’t, you can stay in your house; compelling people to vote is a violation of their rights,” he said.

    For Etigwe Uwa (SAN), said it is laudable as a civic duty for citizens to vote in an election, but making it a criminal offence needs to be looked at very well.

    “What they should have done is to say that if you vote, you can get this, and if you don’t, you don’t, and you may not be able to apply for certain things.”

    On his part, Kehinde Eleja (SAN) said voting is a voluntary act across the world and criticised the lawmakers’ proposal as “misdirected attention.”

    “Why should it be a crime if someone refuses to vote, as the lawmakers are suggesting? Efforts should be directed towards enlightenment and encouraging the electorate to see the value in participating in the electoral process. Refusal to vote should not be criminalised,” he stated.

    CISLAC, Yiaga Africa, other CSOs kick

    Executive Director, Civil Society Legislative and Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, said: “This is one of the most ridiculous and the most idle proposal that this legislators are proposing and I think it is important that instead of doing this, they should embark on voter education or electoral education to also be able to let Nigerians understand what democracy stands for and what Nigerians stand to gain by participating in the electoral process rather than threatening them with a proposal to jail them.

    “There is nowhere in the world where this kind of ridiculous proposal is put forward. In the first place, Nigeria has no capacity in terms of enforcement to impose this kind of legal framework, if eventually it happens. It is going to be a very difficult if not impossible for this kind of legal framework to be enforced,” Rafsanjani said.

    Executive Director, Resource Centre for Human Rights and Civic Education (CHRICED), Dr Ibrahim Zikirullahi, described the bill as unreasonable and impractical.

    He said that every individual possesses the fundamental right to determine their own level of participation in the electoral process.

    He noted that abstaining from voting can serve as a legitimate form of dissent, particularly in Nigeria, where elections often appear to function more as selections rather than genuine democratic exercises.

    Executive Director, Yiaga Africa, Samson Itodo, said the bill has positive and negative sides.

    According to him, it could be a welcome development because compulsory voting will do three things, including increasing the level of turnout, especially for a country like Nigeria that is dealing with low voter turnout during elections.

    “So this could lead to high turnout. Secondly, it could also lead to strengthening citizens’ participation because you’re sanctioning and making participation in civic life, especially elections compulsory. So, it will enhance and strengthen civic participation,” Itodo said.

    Executive Director, Grassroots Centre for Rights and Civic Orientation (GCRCO), Armsfree Ajanaku, said that the lawmakers’ legislation does not represent the best practice for getting people out to vote.

    “It is draconian and it misses the fundamental issues in the electoral process. As much as we want Nigerians to be enthusiastic about participating in the democratic process, the threat of jail time for those who refuse makes no sense. Instead of wasting precious legislative time on this type of legislation, the National Assembly should focus on realistic reforms and amendments, particularly those which will address the obstacles and encumbrances, which discourage willing voters from going to the polls,” Ajanaku said.

    Provisions of the bill

    The bill, which is sponsored by the speaker, Tajudeen Abbas, proposes a 6-month imprisonment or a fine of not more than N100, 000 for any registered voter convicted for failing to exercise his or her franchise during national and state elections, as well as local council polls in the country.

    According to its explanatory memorandum, “the bill seeks to remedy the large-scale apathy to performing a vital civic duty in electing Nigerian leaders. The percentage of registered voters that present themselves for actual voting is abysmally low and requires parliamentary attention.”

    Specifically, the bill is seeking for an alteration of Sections 9,10, 12 and 47 of the Electoral Act 2022 to mandate INEC to compile a voter register which shall include the names of all Nigerians, who are 18 years and above and are therefore eligible to vote during elections, and for continuous voter registration exercise.

    The proposed amendment of the principal act states that “the Commission shall compile, maintain, and update, on a continuous basis, a National Register of Voters (in this Act referred to as ‘the Register of Voters’) which shall include the names of all persons-(a) who have attained the Majority Age of 18 and are entitled to vote in any Federal, State, Local Government or Federal Capital Territory Area Council election…”

    The proposed amendment to Section 47(4a) provides that “It shall be mandatory for all registered voters who have attained the age of 18 and above to vote in all National and State Elections;

    (b) A person who has attained the maturity age of 18 years who refuses to perform his Civic Duty to vote commits an offence and is liable on conviction, to a fine not more than #100,000 or imprisonment for a term not more than six months.”

    Debate on the bill

    Leading the debate on the bill yesterday, Ago said it was aimed at promoting active citizen participation in the democratic process.

    “Nigeria continues to record alarmingly low voter participation. In the 2023 general elections, less than 30 per cent of registered voters turned out. This undermines the legitimacy of elected governments and weakens democratic institutions.

    “Countries like Australia, Belgium, and Brazil have adopted compulsory voting with positive outcomes in political participation and public accountability. When more people vote, election results are more likely to reflect the true will of the people.

    “By making voting mandatory, we aim to foster a stronger culture of civic responsibility, reduce electoral apathy and increase the inclusiveness and fairness of our elections,” he said.

    Deputy Speaker Benjamin Okezie Kalu said compulsory voting would foster broader participation in choosing leaders.

    Awaji-Inombek Abiante (Rivers) welcomed the intent of the bill, but raised concerns over enforcement.

    He questioned the integrity of the voter register and logistics for Nigerians in the diaspora or remote areas to mandatorily participate in elections.

    Akarachi Amadi (Imo) said it is unpatriotic for eligible Nigerians to abstain from elections, while noting that voter apathy weakens democracy and limits citizens’ ability to demand accountability.

    Ghali Mustapha Tijjani (Kano) said mandatory voting would foster greater youth participation in politics and reduce disillusionment with the system.

    However, Mark Esset (Akwa Ibom State) cautioned: “We shouldn’t build on a shaky foundation. Many Nigerians abstain from voting because they doubt the credibility of the process. If we’re going to make voting compulsory, we must also ensure that people believe their votes truly count.”

    In his response, the speaker clarified that mandatory participation does not mean choosing a specific candidate but simply showing up to vote.

    He acknowledged concerns about trust in the system, but insisted that making voting compulsory could increase civic engagement and hold leaders more accountable.

    Voter turnout in years

    Since the return to civilian rule in 1999, Nigeria’s electoral landscape has experienced a steady but worrying decline in voter turnout, raising critical questions about citizen engagement, trust in democratic institutions, and the inclusiveness of the political process.

    In 1999, at the dawn of Nigeria’s Fourth Republic, approximately 57.9 million Nigerians were registered to vote. Of this number, just over 30.2 million participated in the presidential election, resulting in a voter turnout of 52.3%. Four years later, in 2003, turnout surged to 69.1%, the highest ever recorded in the Fourth Republic. This election, which returned President Olusegun Obasanjo for a second term, marked the peak of electoral enthusiasm in post-military Nigeria.

    However, the subsequent elections showed a gradual erosion of voter participation. In 2007, despite an increase in the number of registered voters to over 61.5 million, turnout dropped to 57.5%. The 2011 election, held under improved electoral reforms and a more transparent Independent National Electoral Commission (INEC), still only managed a turnout of 53.7%, with nearly 40 million votes cast from a registered pool of 73.5 million.

    A more dramatic decline emerged in 2015, when voter turnout fell to 43.7%. Though this election was notable for the historic defeat of an incumbent president, signaling a maturing democracy, only about 29.4 million out of over 67.4 million registered voters cast their ballots.

    The downward trajectory continued in 2019. Despite a significant increase in registered voters to 82.3 million, turnout slumped further to 34.8%, with fewer than 29 million Nigerians participating. This marked the first time since 1999 that turnout fell below 40%.

    By the 2023 general elections, voter apathy had reached its most alarming level yet. Nigeria recorded its highest-ever number of registered voters of over 93.4 million, yet only 24.9 million people voted. This amounted to a mere 26.7% turnout, the lowest in the nation’s modern democratic history.

    The turnout in local government elections is the worst as eligible voters hardly come out to cast their votes, due largely to what analysts blamed on lack of trust in the process.

    Analysts said the decline underscores a crisis of confidence in Nigeria’s electoral system. Despite rising voter registration figures and increased civic awareness campaigns, many Nigerians appear disillusioned with the political process.


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