Compulsory Voting Bill in Nigeria: A Constitutional Conundrum

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has vehemently opposed a proposed bill seeking to make voting compulsory in Nigeria. The bill, sponsored by Speaker of the House of Representatives, Tajudeen Abbas, and Labour Party lawmaker Daniel Asama Ago, proposes a six-month jail term or a ₦100,000 fine for eligible citizens who fail to vote.Falana argues that the bill is not only unconstitutional but also impractical under the current legal framework. He cites sections of the 1999 Constitution that protect citizens’ rights to privacy, freedom of thought, and conscience, asserting that compulsory voting violates these provisions. Specifically, he references Sections 37, 38, 77(2), 135(5), and 178(5) of the Constitution .Falana supports his argument with key judicial precedents, including .

Independent Electoral Commission (2014) The Court of Appeal ruled that open voting violated the right to privacy.
The Supreme Court upheld the freedom of thought and religion in a medical ethics case involving blood transfusion refusal.
Asiyat AbdulKareem (2022)The Supreme Court upheld the right of Muslim female students to wear hijab in public schools.

Falana also highlights the practical challenges of enforcing compulsory voting, questioning how millions of Nigerians who choose to boycott elections can be prosecuted. He emphasizes that the National Assembly should prioritize more urgent electoral reforms, such as legally backing electronic voting tools like the Bimodal Voter Accreditation System (BVAS) and INEC’s Result Viewing Portal (IREV)

Instead of compulsory voting, Falana recommends
To formally include BVAS and IREV.
Implementing Uwais Electoral Reform Panel Including unbundling INEC, adopting proportional representation, timely resolution of election petitions, and creating an electoral offences commission.

The proposed compulsory voting bill has sparked intense debate, with Falana and other human rights lawyers arguing that it is unconstitutional and impractical. The outcome of this bill will have significant implications for Nigeria’s democratic process.