Renowned human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has strongly opposed a proposed bill mandating compulsory voting in Nigeria, warning that it undermines key constitutional rights and is both legally and practically untenable.
The controversial bill, introduced by House of Representatives Speaker Tajudeen Abbas, seeks to impose a six-month jail term or a fine of N100,000 on eligible voters who abstain from participating in elections. Abbas argues that the legislation aims to combat voter apathy, promote civic engagement, and reframe voting as a civic duty rather than a personal choice.
However, in a statement released on Monday, Falana maintained that the proposal contradicts core provisions of the 1999 Constitution, particularly sections 37, 38, 77(2), 135(5), and 178(5), which protect citizens’ rights to privacy, freedom of thought, and the voluntary nature of electoral participation.
“The constitutional guarantee of voluntary voting cannot be overridden by legislation,” Falana stated. “Compulsory voting is invalid as it infringes on fundamental freedoms enshrined in the Constitution.”
To reinforce his stance, Falana referenced landmark judicial rulings, including the Supreme Court case Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo (2001), where the court upheld an individual’s right to reject medical treatment based on religious beliefs. The court emphasized the protection of personal autonomy and freedom of conscience—a principle Falana argued is equally applicable to voting rights.
Quoting the late Justice Emmanuel Ayoola, Falana noted: “The right to privacy encompasses the right to protect one’s thoughts, conscience, or religious beliefs from coercion or intrusion.”
He also cited the Supreme Court’s ruling affirming the rights of Muslim students to wear the hijab in schools as further evidence of the judiciary’s commitment to safeguarding individual liberties.
Falana warned that the bill is not only unconstitutional but also impractical to enforce, questioning how authorities could realistically prosecute millions of non-voting citizens.
Rather than pursue punitive measures, he urged lawmakers to focus on meaningful electoral reforms. Specifically, he called for the adoption of key recommendations from the Uwais Electoral Reform Panel, including:
Unbundling the Independent National Electoral Commission (INEC)
Introducing proportional representation
Ensuring election petitions are resolved before inaugurations
Establishing an Electoral Offences Commission
Summary:
Femi Falana SAN has rejected a bill mandating compulsory voting in Nigeria, calling it unconstitutional and unenforceable. He urged lawmakers to pursue practical reforms, such as those recommended by the Uwais Panel, to strengthen the electoral process rather than criminalizing voter apathy.
Credit: PUNCH
Discover more from Ayobami Blog
Subscribe to get the latest posts sent to your email.
