SERAP Condemns Proposed Bill Mandating Compulsory Voting in Nigeria

The Socio-Economic Rights and Accountability Project (SERAP) has strongly opposed a new bill seeking to penalize Nigerians who fail to vote in national and state elections. The organization has urged Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas to withdraw the controversial legislation, describing it as oppressive and a violation of fundamental rights.

In a letter dated March 29, 2025, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organization criticized the bill, which proposes a six-month jail term, a ₦100,000 fine, or both for eligible citizens who abstain from voting. SERAP argues that such penalties contradict the Nigerian Constitution and international human rights laws.

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Compulsory Voting Sparks Legal and Ethical Concerns

The bill, 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,’ seeks to make voting compulsory for all eligible Nigerians. However, SERAP insists that the right to vote should also include the right not to vote.

“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 organization stated in its letter.

SERAP emphasized that while voting is a fundamental right, it should not be enforced through legal penalties. The group contends that forcing people to vote infringes on their personal freedoms and contradicts democratic principles.

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

Call for Electoral Reforms, Not Punishment

Rather than penalizing voter apathy, SERAP is urging lawmakers to focus on meaningful electoral reforms that will enhance Nigeria’s democracy. The organization suggests addressing systemic issues such as corruption, lack of electoral transparency, and political violence, which discourage voter participation.

Specifically, SERAP is advocating for:

• The removal of constitutional immunity for state governors and their deputies who commit electoral offenses.
• Laws to curb the influence of money in politics and encourage voluntary participation rather than coercion.
• Strengthening the independence of the Independent National Electoral Commission (INEC) to ensure credible elections.
• Prohibiting the appointment of partisan individuals as Resident Electoral Commissioners to prevent election manipulation.
• Investing in technological advancements in voter registration and secure voting mechanisms to improve electoral integrity.

According to SERAP, these reforms will build public trust in elections and encourage voluntary participation rather than enforcing mandatory voting with penalties.

Legal Action Threatened if Bill is Passed

SERAP has warned of potential legal action should the bill be enacted into law. The organization stated that if President Bola Tinubu signs the bill, it will challenge its legality in court to prevent its implementation.

“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 letter stated.

SERAP’s position aligns with international human rights principles, which emphasize free and voluntary participation in democratic processes. The organization believes that compelling citizens to vote undermines democracy and violates individual freedoms.

Compulsory Voting: A Threat to Democratic Principles?

The debate over compulsory voting is not unique to Nigeria. Some countries, such as Australia and Belgium, have laws mandating voter participation, with penalties for non-compliance. However, SERAP argues that such policies are impractical in Nigeria, given the existing challenges in the electoral system.

“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 organization stated.

Instead of coercion, SERAP suggests that the government focus on making elections more transparent, secure, and accessible. The organization believes that when citizens have confidence in the process, they will naturally participate.

Rebuilding Public Trust in Elections

SERAP emphasized that improving electoral participation requires addressing deeper concerns, such as:

• Electoral fraud and vote rigging.
• Political violence and voter intimidation.
• The lack of trust in politicians and government institutions.
• The perception that votes do not influence governance.

By tackling these challenges, the government can create an environment where citizens willingly exercise their right to vote without fear or coercion.

In conclusion, SERAP has firmly rejected the proposed bill, urging lawmakers to focus on reforms that will enhance democracy rather than punish voter apathy. The organization remains committed to ensuring that electoral laws align with constitutional rights and international human rights standards. If necessary, SERAP is prepared to take legal action to prevent the enforcement of compulsory voting in Nigeria.