Isaac Samuel
In the heart of Nigeria’s bustling democracy, a storm brews quiet but fierce. The National Assembly, that grand chamber of laws and ambitions, is poised to reshape the very soul of civic duty.
Imagine waking up on election day in 2027 to a blaring public service announcement: “Remember, vote or face jail time!”. That dystopian-sounding scenario is now inching closer to legal reality in Nigeria.
Last Thursday in the House of Representatives, a bill seeking to make voting compulsory for eligible Nigerian scaled second reading. The bill seeks to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians in national elections.
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,” the proposed legislation seeks to yank voting from the realm of civic choice into legal obligation.
Under the bill, those who fail to vote could face a fine of up to N100,000 or six months behind bars or even both. The move has thrown open a new chapter in Nigeria’s troubled electoral history one where the apathetic may no longer have the luxury of disengagement.
The bill, first introduced by Speaker Tajudeen Abbas in February and co-sponsored by Daniel Asama (Bassa/Jos North), is rooted in the idea that democracy must be nourished by mass participation.
Asama who led the debate before his colleagues argued that compulsory voting would deepen democracy, strengthen civic engagement, and reduce voter apathy.
According to him, democracy thrives when citizens are actively engaged in the process of selecting their leaders and shaping the direction of governance.
“In countries like Australia, Belgium, and Brazil, voting is not only a right. it’s an obligation,” Asama argued before the House.
The proposed bill seeks to amend the provisions of Sections 9(1), 10(1), 12(1b), and 47.
Clause 2 of the bill seeks to amend Section 9 of the Principal Act by substituting for Section 9(1a), a new Section 9(1a) which states that:
“The Commission shall compile, maintain, and update, on a continuous basis, a National Register of Voters (in this Act referred to as ‘the Register of Voters’) which shall include the names of all persons (a) who have attained the maturity age of 18 and are entitled to vote in any Federal, State, Local Government or Federal Capital Territory Area Council election; and’
“Clause 5 of the bill also seeks to amend Section 47 by inserting a Sub-Section 47(4) after Sub-Section 47(3).
“Section 47(4a) of the Electoral Act 2022 It shall be mandatory for all registered voters who ha e attained the Majority Age of 18 and above to vote in all National and State Elections.
“(b) A person who has attained the Majority Age of 18 years who refuses to perform his civic duty to vote commits an offence and is liable on conviction. to a fine not more than N100,000 or imprisonment for a term not more than six months.”
The push for mandatory voting didn’t emerge in a vacuum. According to the sponsors of the bill, Nigeria has been battling declining voter turnout for years, and indeed the numbers are staggering. This is true.
In 1999, at the dawn of the Fourth Republic, voter turnout was 52.3 per cent. By 2003, it rose to 69 per cent , largely due to political enthusiasm. But the enthusiasm didn’t last.
Turnout dropped to 57.5 per cent in 2007 and again to 53.7 per cent in 2011. By 2015, it had plummeted to 43.6 per cent and in the 2019 general elections, it fell further to just 34.7 per cent. But 2023 set a new low.
Despite a historic surge in youth registration and mobilisation, only 27 per cent of registered voters cast their ballots in the 2023 presidential election. In Lagos, Nigeria’s commercial capital, turnout was just 18 per cent. In Anambra, less than 10 per cent.
*How compulsory voting works*
Most democratic governments regard participation in national elections as a fundamental right of citizenship. Some extend this view, considering voting not only a right but also a civic duty.
In countries where voting is seen as an obligation, it has been made compulsory and even included in national constitutions and electoral laws. Some of these nations even impose penalties on those who fail to vote.
Compulsory voting is not a novel idea. Early adopters of mandatory voting laws include Belgium in 1892, Argentina in 1914, and Australia in 1924. On the other hand, countries such as Venezuela and the Netherlands once practiced compulsory voting but have since abolished it.
Those who support the idea of mandatory voting argue that decisions made by democratically elected governments gain more legitimacy when voter turnout is high.
They also contend that voting whether voluntary or required has an educational benefit, and improves civic awareness among citizens. Political parties may also benefit financially, as they can focus less on mobilizing voters and more on policy.
For instance, Deputy Speaker Benjamin Kalu who supported the bill said it is a good proposition and a step towards entrenching civic responsibility. According to him, Nigerians are quick to condemn government, but slow to fulfil their civic obligations.
“In other climes, that we have travelled to or lived, personally in Australia, it is actually an offence for you not to vote during elections. So it is a good proposition coming out from you and the person that partnered with you to sponsor this bill”, Kalu said.
Opponents, however, argue that compulsory voting contradicts the freedoms inherent in democracy. They see voting as a right, not an obligation, and believe that enforcing it infringes on individual liberty. There is concern that mandatory voting might actually suppress genuine political engagement, as people who are coerced to vote may resent the obligation.
A lawmaker who contributed to the debate during the plenary session, Esset Udo expressed skepticism about citizens’ confidence in the electoral process.
Udo argues that lack of confidence in the system is the major cause of voter apathy and that must be treated first before making voting mandatory.
He said: “It is a good and wonderful bill. Mandating citizens to vote is not the problem but a situation where citizens have lost confidence in the system. We should also make a law that will make vote count. The last election, the chairman of the Independent National Electoral Commission and his officials gave all sorts of promises but we saw all what happened.
*The question of enforcement*
Compulsory voting isn’t a Nigerian invention. More than two dozen countries across the globe have experimented with mandatory participation at the ballot box. During the debate on the floor of the House, the member representing Andoni-Opobo/Nkoro Federal Constituency, Awaji-Inombek Abiante questioned the bill’s practicality and enforceability.
According to him, “It is not just enough to legislate compulsory voting. How will it be enforced?
“There are people who register in this country and they are in Ghana, they are in the US, they are in Australia, they are in London. Who will provide the logistics for them to come? If you say it is compulsory, probably you will deny them a renewal of their passports. So how will they get to my village for instance”, Abiante queried.
He warned against imposing penalties in a system still suffering with infrastructural deficits and questioned whether it would be fair to punish citizens who are unable to access polling units due to systemic challenges. Abbas however clarified that there is no law without exemption, assuring that there could be exemption in certain cases.
In Australia, where it has been the law since 1924, failure to vote attracts a modest fine (currently AUD $20-50) unless one can provide a valid excuse.
The system is enforced with a level of bureaucratic efficiency: eligible voters are automatically enrolled and receive reminders. On election day, polling places are conveniently located and easily accessible even offering barbecue stands and child care to remove barriers to turnout.
As a result, Australia consistently records over 90 per cent voter turnout.
Luxembourg, Brazil and Argentina have similar laws, with varying degrees of enforcement. In Brazil, voting is compulsory between the ages of 18 and 70. Non-voters face restrictions on accessing public services and government employment.
In Belgium, the non-voter, after not voting in at least four elections within 15 years will be disenfranchised. In Peru, the voter has to carry a stamped voting card for several months after the election as proof of having voted. This stamp is required in order to obtain some services and goods from some public offices.
In Singapore, the voter is removed from the voter register until they reapply to be included and submit a legitimate reason for not having voted. In Bolivia, the voter is given a card when they have voted so that they can prove their participation. The voter will not be able to receive their salary from a bank if they cannot show proof of voting three months after the election.
*Stakeholders disagree*
For the Executive Director, Yiaga Africa, Samson Itodo, while the rationale for the bill is plausible because it aims to address one of the biggest challenges in Nigeria’s electoral system, the strong-arm approach adopted by the bill is draconian and it constitutes a gross violation of constitutionally guaranteed fundamental rights.
According to Itodo, the right to abstain from voting is itself a legitimate form of political expression protected under domestic and international human rights law.
He said rather than compel voting, the National Assembly should prioritise electoral reforms that rebuild public trust, improve election integrity, and remove structural and systemic barriers to participation.
“These include reforms that guarantee mandatory electronic transmission of results, review of the mode of appointments into INEC, early voting, diaspora voting and improved transparency in the management of elections”, he said.
Also, the Socio-Economic Rights and Accountability Project (SERAP) described the proposed legislation by the National Assembly as oppressive and a violation of citizens’ rights under the Nigerian Constitution and international human rights laws.
The organisation stated that jailing eligible Nigerians for deciding not to vote would be entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution and the country’s international human rights obligations.
SERAP argued that the measure infringes on citizens’ right to choose whether to participate in elections or not.
“The right to vote includes the right not to vote. If the right to participation is a right of the citizen, she/he must be free to decide whether or not to exercise it,” SERAP said.
Executive Director, Civil Society Legislative and Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, maintained that the bill is one of the most ridiculous and the most idle proposals ever imagined.
“I think it is important that instead of doing this, they should embark on voter education or electoral education to also be able to let Nigerians understand what democracy stands for and what Nigerians stand to gain by participating in the electoral process rather than threatening them with a proposal to jail them”, he said.
But In a statement obtained by this medium on Sunday, entitled: In defence of compulsory voting in Nigeria: A case for democratic responsibility, a Senior Advocate of Nigeria, Dr Monday Ubani, supported the proposed law, which he opined is a bold, necessary intervention said at strengthening democracy in Nigeria.
He explained that he took the minority view to the discourse to add a variety of opinions on the view and to provoke reactions.”
He stated: “The proposed legislation to make voting compulsory for eligible Nigerians, with a fine of N100,000 for default, is a bold, necessary intervention aimed at reinvigorating Nigeria’s fragile democracy. While concerns about state failure and individual liberty are valid, they must be balanced against the larger imperative of collective civic duty and national stability.
“Section 24 of the 1999 Constitution lists civic obligations, including allegiance to the nation and respect for its symbols and values. Compulsory voting enforces one of the most crucial civic obligations, the duty to participate in choosing one’s leaders.
“In a democracy, the legitimacy of governance rests on popular participation. Abstention en masse weakens this legitimacy and erodes the mandate of elected officials.
