By Abiola Olawale
Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has publicly condemned the proposed Compulsory Voting Bill, labelling it unconstitutional and a direct violation of democratic principles.
Breaking his silence on the legislation, Falana argued that forcing citizens to vote undermines the fundamental right to freedom of choice enshrined in Nigeria’s 1999 Constitution.
The New Diplomat reports that the bill, co-sponsored by the Speaker of the House of Representatives, Tajudeen Abbas, and Labour Party lawmaker Daniel Asama Ago, seeks to amend the Electoral Act to make voting mandatory for all Nigerians of voting age in national and state elections. It proposes a six-month jail term or a fine of ₦100,000 for eligible citizens who fail to vote.
However, Falana, in a statement issued on Monday titled ‘Compulsory Voting is Not Enough’, faulted the legislative move on constitutional grounds.
He said the bill is inconsistent with several provisions of the 1999 Constitution, which guarantee citizens’ rights to privacy, freedom of thought, and freedom of conscience.
He emphasized that Section 39 of the Constitution, which guarantees freedom of expression, implicitly protects the right to abstain from voting as a form of expression.
Falana stated: “The Speaker of the House of Representatives probably wants Nigeria to join Egypt—the only African country out of 23 globally with provisions for compulsory voting.
“The said constitutional provisions protect 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 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 vacuo. 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 misgovernance, corruption, and abuse of power by pampered members of the political class.
“Since Section 14(2) of the Constitution provides for popular participation in the democratic process, compulsory voting may only be justified if Chapter II thereof is made justiciable.”
