By Adedolapo Adeyosoye
ABSTRACT
As Nigeria continues to face deepening voter apathy and waning public trust in its electoral system, a controversial legislative proposal has sparked a nationwide debate. The introduction of the recent bill, 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 amend the Electoral Act 2022 to make voting compulsory for all eligible citizens and backed by punitive measures for defaulters. The call for reforms in the Electoral Act should be rooted in transparency, trust, and accountability, not coercion. This is a dangerous legislation that should not be allowed to see the light of the day. Doesn’t this move undermine democracy and violate constitutional freedom? This question will be the focus of this article.
INTRODUCTION
According to the Black’s Law Dictionary[1], the term “Vote” is defined as Suffrage; the expression of his will, preference, or choice, formally manifested by a member of a legislative or deliberative body, or of a constituency or a body of qualified electors, in regard to the decision to be made by the body as a whole upon any proposed measure or proceeding, or the selection of an officer or representative.
The ‘Right to Vote’ refers to the entitlement and freedom of individuals to participate in the democratic process by casting their ballot in elections, allowing them to have a say in the selection of their representatives and the governance of their society. In the case of I.N.E.C. v. Nyako[2], the Court of Appeal held that the Right to Vote and Right to be Voted for is vested as a private right on any eligible citizen who is qualified under the Constitution to stand for election on any of the elective positions.
Human rights are commonly understood as “inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being. The right to vote is anchored on the tenets of democracy; and democracy is regarded as one of the universal core values and principles of the United Nations. It is trite that respect for human rights and fundamental freedoms and the principle of holding periodic and genuine elections by universal suffrage are essential elements of democracy. As such, the right to vote is an indispensable right and the fulcrum upon which democracy rests. The right to vote, being the bedrock of our democracy, must be accorded the status of a fundamental human right.
DOESN’T THIS MOVE UNDERMINE DEMOCRACY AND VIOLATE CONSTITUTIONAL FREEDOM?
Democracy is defined as the belief that everyone in a country has the right to express their opinions, and that power should be held by people who are elected, or a system of government based on this belief. It is a system of government in which power is held by elected representatives who are freely voted for by the people, or held directly by the people themselves. In the case of A.P.G.A. v. Ohakim[3], the Court of Appeal held that the purpose of holding an election in a democratic set up is to determine the wishes of the people as to who should represent them in their legislative and executive set up. It is therefore necessary to ensure that any election conducted is done in a way that would substantially ensure that the main objectives are substantially met. Democracy demands that any person wishing to rule must get the mandate (free and fair) of the people.
Democracy cannot be sustained by coercion. It thrives on consent, participation, and trust. The moment citizens are forced to vote under the threat of imprisonment, the entire essence of free and fair elections collapses. Section 39(1) of the 1999 Constitution, which guarantees the right to freedom of expression including the right to silence or abstention; therefore, compelling voter participation would criminalize a fundamental freedom.
The bill, which recently passed second reading in the House of Assembly, aims to amend the Electoral Act 2022 to compel all Nigerians of voting age to participate in national and state elections. This legislation is an absolute threat to core democratic values and undermine of every citizen’s fundamental rights. No citizen should be compelled to vote under threat of prosecution as such coercive measures risk legitimizing authoritarianism under the guise of reform.
Section 40 of the Constitution[4], which guarantees freedom of association, noting that the right not to participate is as vital as the right to engage. Instead of penalizing non-voters, the government should address the root causes of voter apathy, including electoral violence, vote-buying, and the loss of faith in electoral institutions. So, what do we call this proposed amendment? “An unnecessary and dangerous distraction” from the real challenges facing Nigeria’s democracy.”
Also criminalizing voter abstention violates fundamental human rights and misdiagnoses the problem of electoral apathy. How can a country fix democracy by criminalizing dissent or forcing participation through fear of punishment? It is seen that this bill fails to consider the systemic issues that have alienated citizens from the electoral process. Low voter turnout is not a product of laziness or irresponsibility, it’s the result of voter’s disillusionment. Nigerians are tired of a system that repeatedly fails to reflect their will. Forcing citizens to vote does nothing to resolve these issues and risks criminalizing democratic choice. It is important to note that democracy thrives on freedom, not force. Voting is a right, not a duty that must be punished if unexercised. The proposed penalties of N100,000 fine or imprisonment are grossly disproportionate and unconstitutional.
Although there are few countries who practice compulsory voting, they often have strong democratic institutions, high levels of civic trust, and no history of suppressing dissent. The government must come to the consciousness that this bill will only deepen public mistrust and trigger further disengagement. Lawmakers should focus instead on removing the barriers to free and fair elections, such as political interference in INEC, the monetization of politics, and the insecurity that plagues election days. Rather than punishing the victims of a broken system, government should fix the system. Voting must be a choice freely made, not forced by threat of jail. This legislative proposal seeking to make voting compulsory for all Nigerians of voting age is an unconstitutional, meaningless, and misplaced move and it is strange to the democratic system of government, the bill, if passed, would undermine the very foundations of democracy rather than strengthen it.
In a democratic society, the right to vote must remain a free and voluntary choice not a legal obligation enforced by penalties or coercion. This bill is unnecessary, ill-advised, and ultimately counterproductive. Voting is a constitutional right, not a compulsory obligation. Therefore, to criminalize the non-exercise of this right is to pervert its very essence. It smacks of an attempt by the political class to coerce legitimacy rather than earn it through transparent governance as it is expected.
Voter apathy in Nigeria has steadily worsened since 1999, with each election cycle recording lower turnout. The 2023 general elections had one of the lowest voter turnouts in the country’s history. But rather than tackling the reasons for this decline such as insecurity, voter suppression, lack of electoral integrity, and unmet political promises, the government is proposing punitive legislation. Most Nigerians would not engage in voting because they believe the system is rigged, that their votes don’t count, and that the electoral umpire is not truly independent. The bill fails to address the root causes of voter apathy, such as electoral malpractice, insecurity, and lack of faith in political leadership. Any attempt to impose mandatory voting without addressing the real issues behind low turnout would be seen as legislative overreach because a law that mandates voting without fixing the reasons people have stopped voting will fail in both implementation and public acceptance. In a democracy, the right to vote includes the right not to vote.
Citizen engagement cannot be forced, it must be inspired referencing democratic systems like the United States where voting remains voluntary but participation thrives due to public trust in the process. In a democratic society, “the right to vote includes the right not to vote.” A genuine voter participation cannot be forced through legal compulsion instead efforts should be channeled towards building trust in Nigeria’s electoral process. Once citizens are confident that their votes will count, they will participate willingly without the threat of imprisonment.
In countries where voting is mandatory, turnout often exceeds 80%, making election results more reflective of the general population’s will. Indeed, proponents of compulsory voting argue that it has several advantages. These include higher voter turnout, a more representative democracy, the promotion of civic responsibility, and deeper political engagement. In Nigeria, our electoral process is still plagued by vote buying, manipulation, logistical breakdowns, ballot snatching, and in some areas, outright rigging. These issues erode public confidence in elections. Nigerian citizens cannot be compelled to participate in a system they don’t trust. Low voter turnout has become a disturbing trend in Nigerian elections. In 2023[5], only 24.9 million persons voted in the Presidential and National Assembly Elections. This represents a meagre 26.72% of registered voters turnout that triggered nationwide concern however, the solution cannot simply be to force people to vote.
The Nigerian Constitution guarantees the right to vote not an obligation to vote, turning that right into a legal requirement could infringe on the fundamental freedom of choice. Freedom is central to democratic governance. Although mandatory voting works in countries like Singapore, Australia, Argentina, and Brazil because the electoral systems in those places are relatively efficient, secure, and trusted. Nigeria is simply not yet at the level of institutional readiness.
RECOMMENDATIONS
- The Nigerian Electoral Process must first be strengthened, the systemic problems that discourage participation in voting must be addressed.
- Lawmakers should focus instead on removing the barriers to free and fair elections, such as political interference in INEC, the monetization of politics, and the insecurity that plagues election days and enforcement of campaign finance laws.
- Introducing mandatory voting would require a constitutional amendment, not just a tweak to the Electoral Act.
CONCLUSION
This recent bill, if passed into law, will be unfair, unjust, and unconstitutional. It will violate the constitutional provisions relating to freedom of expression. Nigerian citizens must have the right to choose whether to participate, not just how to vote. Compulsion, under current conditions, would run counter to that principle. The real reform lies in rebuilding trust through institutional credibility, depoliticize appointments to the Independent National Electoral Commission, enforce campaign finance laws, guarantee security during elections, and inspire public confidence through honest governance. It is a dangerous legislation that should not be allowed to see the light of the day as it turns our democracy on its head.
[1] ,Revised Second Edition
[2] (2011) 12 NWLR (Pt. 1262) 551
[3] (2009) 4 NWLR (Pt. 1130) 175
[4] 1999 Constitution of the Federal Republic of Nigeria (as amended)
[5] https://dataphyte.com/latest-reports/nigeriadecides-nigeria-records-only-26-72-voter-turnout-in-2023-election/