The proposal by the House of Representatives to introduce a law mandating all eligible Nigerians to vote in every election has ignited a wave of criticisms from some respected senior lawyers.
From constitutional violations, to practical impossibilities and political distrust, the lawyers who spoke to Vanguard Law & Human Rights argue that the proposed compulsory voting bill is not only misguided but unconstitutional, out of touch with the current democratic reality, and symptomatic of a legislature that has lost focus on true electoral reforms. They affirmed in their various reactions that compulsory voting cannot save a broken democracy.
Bill violates fundamental rights — Falana
Human rights advocate and Senior Advocate of Nigeria, Femi Falana, kicked against the proposed bill in a strongly worded statement titled:Compulsory voting is not enough. He described the initiative as constitutionally invalid and practically unenforceable in a country where millions already abstain from voting due to dissatisfaction with the political process.
Falana cautioned the National Assembly against drawing inspiration from Egypt—”the only African country out of 23 globally with provisions for compulsory voting”—and noted that such comparisons ignore Nigeria’s unique constitutional safeguards and historical experience.
He said: “The constitution protects the fundamental rights of the Nigerian people to privacy, freedom of thought and conscience, as well as the freedom to register and vote in national and state elections conducted in Nigeria.
“However, it is doubtful whether the Speaker and his colleagues have paid sufficient attention to the relevant provisions of the Constitution. Otherwise, they would have realised that the 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.
“Compulsory voting cannot be legalised in vacuum. Apart from the possibility that it may be declared illegal under the current political dispensation, it is practically impossible to prosecute millions of Nigerians 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 by pampered members of the political class.”
It’s misplaced priority — Erugo, SAN
Constitutional law expert, Sam Erugo, SAN, also dismissed the bill as a reflection of misplaced legislative priorities. He argued that while compulsory voting might be ideal in a well-functioning democracy, Nigeria’s democratic environment is far from that standard.
He said: “The compulsory voting bill is a clear case of misplaced priority. It may be that at the appropriate stage of a true democracy, the right to vote in a participatory democracy should be guaranteed, protected and elevated to such importance as to require compulsory voting for all eligible citizens. But methinks, we are very far from that type of democracy.
“At this point, there is no tangible right to vote and no benefits. Put differently, the right to vote is not protected and seems meaningless for obvious reason. The vote hardly counts. Secondly, the suggestion of the bill is an affront to the psyche of those Nigerians agitated that their votes do not count.
“The legislature should first prioritize laws that ensure credible and transparent elections where the votes count and where the electoral umpire is free enough and unbiased to conduct credible elections. Besides, and related to credibility and transparency, there are many issues with the current electoral system as the numerous electoral reforms reportedly referred by INEC to the National Assembly validate. But INEC itself, ostensibly its lack of independence, is the major obstacle to credible elections.
“These should be addressed before compelling the already traumatized citizen to vote in an election that he has been made to believe cannot be credible and transparent. To the average Nigerian, the votes never count in the elections, and more recent election results and outcomes would appear to have worsened that impression.
“That impression is the only reason for the undue celebration of the 1993 elections, which appeared to have defied the norms. The fact that the votes hardly count in most elections is also the reason for the political pressure on the judiciary for which they have received undeserved criticisms over the obvious mess of the political class. The question is, why would you force a citizen to vote in an election, whose outcome is not guaranteed to be credible and most probably flawed? Much as it is doubtful how compulsory voting will be enforced in practical terms, such compulsion may be in breach of some fundamental freedoms guaranteed by the Constitution.
Forcing Nigerians to vote is tyranny — Edun, SAN
Chairman of the Nigerian Bar Association’s Citizenship Engagement Committee, Kunle Edun, SAN, described the bill as not just unconstitutional, but also dangerous to democratic freedoms. According to him, a citizen’s decision to abstain from voting is itself a valid form of political expression protected by the Constitution.
He said: “ “It is the obligation of citizens to participate in the democratic process of their country and voting is one of the ways citizens can participate in the election of those to govern them. However, this right is only obligatory and not compulsory as a citizen may rightfully refuse to vote as a form of protest against the candidates seeking their vote or the entire political process.
“The right to freedom of expression is a fundamental right guaranteed by the Constitution of the Federal Republic of Nigeria. A citizen may exercise his right to freedom of expression by refusing to vote. It is allowed by the grund norm. Attempts by the legislators to make voting compulsory are insincere and certainly unconstitutional.
“Many Nigerians are already dissatisfied with the current electoral process where politicians no longer respect the law and decamp everyday as if they are changing wrappers and there is nothing to check this political rascality. Many of the legislators in the various legislative houses are now acting like aides to the President and Governors and ready to do their bidding. Are these the same people that you want to compel Nigerians to vote for even if they are the only candidates in an election? Looting of public funds is now a norm and after some noise, everything goes silent and then we hear that the suspects have been given tickets to stand for election.
“The Federal Government and INEC should first fix our discredited electoral system. They should make the peoples’ vote to count first, and then the people will willingly come out to vote. Therefore, citizens’ compulsory participation in the electoral process cannot be done by legislation.
Coerced voting is bad democracy — Ufeli
Legal practitioner and civic advocate, Evans Ufeli, took a human rights perspective, warning that compulsory voting amounts to state overreach and violates the basic principles of liberty and personal choice.
He said: “While the intention behind the proposed compulsory voting bill may stem from a desire to enhance civic engagement and increase voter turnout, there are several significant concerns that warrant opposition to such legislation:
“Compulsory voting infringes on individual liberty by mandating citizens to participate in an electoral process. The right to vote should come with the freedom to choose whether or not to exercise that right. Individuals should not be penalized for opting out of an election based on personal beliefs, disinterest, or dissatisfaction with the candidates available.
Forcing individuals to vote can lead to uninformed or apathetic choices. Encouraging participation does not equate to encouraging informed decision-making. When people feel obligated to vote, they may select options randomly or without proper knowledge, ultimately degrading the democratic process.
“Enforcing compulsory voting could burden the electoral system with logistical challenges. Determining how to monitor and ensure compliance, as well as defining the penalties for noncompliance, presents practical problems. This can strain resources that could otherwise be focused on improving voter education and access.
“The mandatory nature of voting may result in a backlash against the electoral system, fostering a sense of disenfranchisement among those who are compelled to vote. This could lead to longer-term disengagement from civic duties and a lack of interest in democratic participation. There’s a risk that compulsory voting might inadvertently empower extremist or fringe candidates. Disengaged voters may turn to the polls simply to avoid penalties, which could lead to unintended consequences in electoral outcomes.
“Instead of making voting mandatory, efforts should be directed toward addressing the root causes of low voter turnout, such as voter apathy, disenfranchisement, and the lack of trust in the electoral process. By improving voter education, access, and engagement strategies, we can create a more representative and vibrant democracy without resorting to compulsion.
“While ensuring higher voter participation is crucial, implementing compulsory voting is not the solution. Instead, we should focus on empowering citizens and fostering a genuine enthusiasm for participating in the democratic process.”
Trust must be fixed before compulsion — Sumol
Lawyer and civil rights activist, Daniel Sumol, offered a balanced view, acknowledging that while increased voter participation is desirable, compulsion is not the right approach—at least not now. He posited that voter apathy in Nigeria is not a result of civic laziness but a consequence of widespread disillusionment.
He said: “The proposed bill to implement compulsory voting in Nigeria represents an important step in the country’s democratic development, yet it requires careful consideration. While nations like Australia and Belgium have successfully increased voter turnout through such measures, they have established strong systems to ensure electoral integrity and public trust. Nigeria continues to face substantial challenges, including electoral malpractice and voter intimidation. Enforcing compulsory voting without addressing these issues may not yield the desired results.
“Additionally, the Nigerian Constitution protects citizens’ rights to freedom of thought and expression. Forcing individuals to vote may infringe upon these rights. Before considering compulsory voting, it is essential to prioritize reforms that restore public confidence in the electoral process.
“Strengthening institutions like the Independent National Electoral Commission, INEC, ensuring transparent vote counting, and tackling electoral violence should take precedence. Only when citizens trust that their votes matter can we expect a meaningful increase in voluntary participation. While enhancing voter turnout is a laudable goal, the strategies employed must align with constitutional rights and address the root causes of voter apathy.” (Vanguard)
