Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has declared the National Assembly’s proposed compulsory voting bill unconstitutional, arguing it violates fundamental rights to privacy and freedom of thought enshrined in the 1999 Constitution.
The bill, titled ‘A Bill for an Act to Amend the Electoral Act 2022 to Make Voting Mandatory for Nigerians of Majority Age,’ recently passed its second reading in the House of Representatives. Spearheaded by Speaker Rt. Hon. Abbas Tajudeen, it aims to curb voter apathy but has sparked legal concerns.
In a statement titled “Compulsory Voting Is Not Enough,” Falana cited constitutional provisions, including Sections 37, 38, 77(2), 135(5), and 178(5), which protect citizens’ rights to privacy, freedom of conscience, and voluntary electoral participation. He referenced landmark court rulings, such as Nwali v. Ebonyi State Independent Electoral Commission (2014), where open ballot voting was deemed a violation of privacy, and Lagos State Government v. Asiyat AbdulKareem (2022), which upheld freedom of religion.
Falana warned that the bill, in its current form, risks being struck down by courts. He urged lawmakers to prioritize amending the Electoral Act to address pressing issues, such as legalizing electronic voting tools like the Bimodal Voter Accreditation System (BVAS) and INEC Result Viewing Portal (IREV), which lack statutory backing. He also advocated adopting recommendations from the Uwais Electoral Reform Panel, including unbundling INEC and establishing an electoral offences commission.
Beyond legal hurdles, Falana highlighted practical challenges, noting that prosecuting millions of non-voters is unfeasible in a system plagued by “misgovernance, corruption, and abuse of power.” He argued that compulsory voting could only be justified if socio-economic rights in Chapter II of the Constitution are made enforceable, aligning with Nigeria’s obligations under the African Charter on Human and Peoples’ Rights.
Falana’s critique has reignited debate over electoral reforms, with calls for the National Assembly to focus on strengthening democratic processes rather than mandating participation.