The bid of the House of Representatives to amend the Electoral Act 2022 and make provisions that will make voting mandatory for all Nigerians has garnered both support and criticisms. ADEOLA OJO in this piece, explores the provisions put up for amendment and how the amended Act will affect the average Nigerian if it is passed into law.
In line with its effort to block loopholes in the law, the National Assembly has proposed amendments to the Electoral Act of 2022 and has proposed to introduce the concept of mandatory voting for all eligible citizens, claiming that this will not only enhance civic engagement but also make it possible for the voices of all Nigerians to be heard in the democratic process. The measure is focused on basically encouraging higher voter turnout and fostering a culture of civic responsibility in Nigeria where electoral participation has historically been on a high-time low.
According to the provisions of the Bill which was sponsored by the Speaker of the House, Tajudeen Abbas, and titled, “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,” every Nigerian who has attained the age of 18 and above must by law vote in the elections. If it passes, the Bill will amend certain sections of the Electoral Act 2022 to make voting mandatory for all Nigerians of eligible age.
The Bill seeks alteration of Sections 9, 10, 12 and 47 of the Electoral Act 2022, and prescribes penalty for any Nigerian of voting age who fails to cast his/her ballot in elections; it also seeks to mandate the Independent National Electoral Commission (INEC) to compile a voter register having names of all Nigerians who are 18 years and above and are, thus, eligible to vote in elections whereas the Electoral Act 2022 in Section 9 requires INEC to compile, maintain, and update on a continuous basis, a voter register bearing names of all persons “(a) entitled to vote in any federal, state, local government or Federal Capital Territory area council election.”
The proposed Bill seeks to alter the clause to stipulate persons “(a) who have attained the majority age of 18 and are entitled to vote in any federal, state, local government or Federal Capital Territory Area Council election.” And in its explanatory memorandum, it was stated that the Bill is aimed at addressing “large-scale apathy towards performing a vital civic duty in electing Nigerian leaders as the percentage of registered voters that present themselves for actual voting is abysmally low and requires parliamentary attention.”
It further seeks the addition of a new sub-section (4) to Section 47 that will provide as follows: “(a) It shall be mandatory for all registered voters who have 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 proposed amendments stipulate that voting is not just a right but a mandatory civic duty for all eligible Nigerians. Under the new Bill, citizens who fail to vote without providing a valid reason could face penalties of up to ₦100,000, six months of imprisonment or both.
And according to those in support of the Bill, making voting mandatory is essential for the health of Nigeria’s democracy as high voter turnout is crucial to reflect this diversity in governance and policymaking and mandatory voting is expected to mitigate the effects of apathy and disengagement that have plagued past elections.
The Bill’s proponents argue that civic responsibility in a functioning democracy is important as voting is not just an exercise of individual choice but an essential mechanism for the public to express their preferences and hold leaders accountable, adding that by imposing penalties for noncompliance, the government aims to underscore that participating in elections is not merely optional but a crucial part of being an active citizen.
And while the Bill comes with stringent penalties for those who choose to abstain from voting without valid reasons, including fines and potential imprisonment, it has garnered support as well as criticisms from various quarters; critics argue that mandatory voting infringes on individual freedoms and could lead to an increase in disillusionment with the electoral process while the penalties might disproportionately affect lower-income citizens who could struggle to pay fines or face jail term for non-compliance.
There is also the question of what constitutes a “valid reason” for not voting and whether it will encompass legitimate concerns such as illness, financial constraints or disenfranchisement and whether there will be streamlined guidelines to ensure that no citizen is unjustly penalised.
A major cause of voter apathy identified by experts is trust issues; it is believed that many Nigerians don’t vote out of frustration and not laziness because there is general belief that the electoral process is rigged and their vote won’t make a difference. Consequently, they think forcing participation in a process people don’t trust is like adding fuel to fire.
Arguments
Some have expressed the view that in a country where political participation has often been marred by disenchantment, the National Assembly’s proposal is a bold initiative that will shape Nigeria’s political landscape. They argued that the voter turnout in Nigerian elections is a cause of concern, adding that compulsory voting will boost system legitimacy, since democratically elected governments are more legitimate when higher proportions of the population participate.
However, others argue that the remedy the lawmakers are proposing smacks of legislative vanity and an idle expedition because making voting compulsory intrinsically negates the freedom of choice involved in democracy. They added that there is proof that forcing people to vote results in high number of invalid and blank votes, as people are only dragged to polling centres when they aren’t really keen on making reasonable electoral choices
In its assertion, a civil society organisation stated that “We argue that the bid by Reps is sheer hypocritical exertion, considering that many of the lawmakers pushing for mandatory voting at elections are not always available at legislative sessions to vote on Bills and motions as is their statutory mandate. In any event, the proposed Bill does not address the question of why registered voters don’t show up at elections. The answer lies between the level of trust people have in the electoral process and the quality of governance they get from those voted into power, but the proposed Bill makes no attempt at addressing those issues.
“Besides, the Bill seems oblivious of the logistical nightmare it would pose to capture every Nigerian from age 18 in the voter roll, since voter registration must also now be made compulsory; and that is not mentioning the unwieldy logistics of prosecuting violators of the new provisions, which expectedly will be humongous in number. While it is highly desirable that voters turn out at elections, it remains the duty of political players to get out the votes through motivation by good governance delivery, not by the spurious Bill the lawmakers are working at,” it added.
A Senior Advocate of Nigeria, Awa Kalu, had openly dismissed the Bill as unnecessary and out of touch with democratic norms, adding that voting is a civic responsibility and t is not compulsory for people to vote during elections, adding that “voting is a civic responsibility; it is not compulsory in any clime known to me. Let’s talk about Bills that require genuine legislative action.”
On his part, Babatunde Fashanu (SAN) described it as absolutely ludicrous, 110%, adding that “voting is a civic duty, but it is never a compulsory duty anywhere in the world. In safer climes, no holiday is ever declared on voting days. It must be the choice of a citizen whether or not to vote at all and who to vote for, and in a secret ballot.”
For Sebastian Hon (SAN), the Bill has no legal or democratic foundation;“It is not constitutional. Such an act, if passed into law, is unconstitutional. The right to vote is not compulsory, and you can’t compel somebody to vote.”
He said rather than criminalising abstention during elections, the government should focus on voter education and public awareness, adding that “there is no country, to my knowledge, that practises such a law. Democracy is participatory, and it counts on people’s willingness, not compulsion; you can’t compel people to go and vote. It’s not constitutional, and the Bill should not go anywhere at all.”
Prof Mike Ozekhome (SAN), described the Bill as “rubbish” and pointed to the Nigerian Constitution as proof that voting remains a voluntary civic duty under Chapter 2 of the Nigerian Constitution which deals with Fundamental Objectives and Directive Principles of State Policy, does not provide a legal basis for mandatory voting, adding that “these provisions are merely persuasive but not justiciable in a law court.”
A law professor, Damilola Olawuyi (SAN), on his part, condemned the Bill on the grounds that voting is a constitutional right and not a compulsory duty. He added that “it is therefore undemocratic, unconstitutional, and impracticable to criminalise or punish anyone for failing to exercise their right to vote. You will recall that there was an attempt in 2022 by the Indian Parliament to introduce a similar regressive legislation in India to imprison and fine people for not voting, and it failed due to public outcry.
“It is important for our legislators to learn from history and not unnecessarily overheat the polity. A more practical approach is to work with civil society, the media, and orientation agencies to actively promote public education and awareness on the importance of voting,” he advised.
He insisted that “to restore public confidence in the electoral process, we must ensure security, transparency, and ultimately that election results actually count; investment in modern technology infrastructure to simplify the voting process and reduce long queues on voting day will also be very crucial. These are the practical and constitutional steps to take to boost voter confidence, and not to introduce draconian fines and measures.”
The Socio-Economic Rights and Accountability Project (SERAP) on its part urged the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas “to immediately withdraw the oppressive Bill which contains repressive provisions to jail any Nigerian of voting age for six months and/or impose a fine of N100,000 on them if they fail to vote in national and state elections.”
SERAP asked them to instead “amend the Nigerian Constitution 1999 [as amended] and the Electoral Act 2022 to remove constitutional immunity for state governors and their deputies who commit electoral offences, including vote-buying, to facilitate the investigation and prosecution of perpetrators.”
In a letter dated March 29, 2025, signed by its deputy director, Kolawole Oluwadare, the organisation said: “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.
“Rather than proposing Bills that would severely punish Nigerians who may decide not to exercise their right to vote, the National Assembly ought to propose Bills to remove constitutional immunity for governors and their deputies who commit electoral offences and undermine the integrity of the electoral process,” it added.
SERAP said, “The most effective way to solve the perennial voter apathy is to create a safe and conducive environment, combat the impunity of high-ranking politicians who commit electoral offences, and generally improve the electoral process to encourage the citizens to come out to vote, and not to send them to jail.”
The letter said, “Should the National Assembly fails to drop the Bill prescribing a six-month jail term for eligible Nigerians who decide not to vote in national and state elections, and should any such Bill be assented to by President Bola Tinubu, SERAP would consider appropriate legal action to challenge the legality of any such law and ensure they are never implemented.
“The idea of compulsory voting and jailing citizens for not voting is impracticable, unnecessary and unlawful. The right to vote is part of citizens’ right to participate in their own government and the choice of whether to exercise it is personal. 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.
Because the notion of a democracy exists by virtue of the consent of the citizens, voters must get to choose how they exercise consent, not be forced to the polls like ‘cattle to the slaughter. The National Assembly ought to propose Bills to reduce the influence of money in politics, and encourage and not compel the exercise of the right to participation.”
“The proposed Bill is a blatant violation of the right to political participation, which is guaranteed under section 14(1)(c) of the Nigerian Constitution, article 25 of the International Covenant on Civil and Political Rights and article 13 of the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.
“SERAP also urges you to amend the Nigerian Constitution and the Electoral Act to include explicit mandatory provisions on internet voter registration, and the use of modern technology, including in casting and counting, voter registration and systems for reporting results.
“The crisis confronting Nigerian elections and lack of public trust and confidence in the electoral process can be addressed if the right of Nigerians to vote and to vote securely is explicitly recognised in the constitution as justiciable right. Nigerian election laws ought to be such that would give effect to the electorate’s will and uphold the popular mandate through clean, fair, and honest elections. The right to vote in a democracy is important because so many other matters depend upon its exercise,” it said.
However, those in favour of the Bill emphasise that it has a lot of merits, highlighting advantages to include reinforcement of democratic participation, increment in political accountability and ensuring a broader segment of society is represented
However, they agreed that under the Nigerian constitution, the Bill is not it constitutional because voting is a right, not a duty. And rights, by their very nature, are optional; you can choose to exercise them or not.
They argue that turning right into a legal obligation risks crossing a constitutional line as it goes against the very principles of freedom the law is meant to protect. They highlighted hurdles of mandatory voting to include elusive voter cards, long queues and late starts, broken or missing voter machines, insecurity in some regions and distant polling units amongst others.
Possible solution
Experts have advocated better approaches to make things easier than criminalising non-voters. They said it is better to focus on fixing the reasons people stay home in the first place by making voting safer and more accessible, strengthening electoral institutions, increasing transparency and accountability, rebuilding public trust in the process and educating citizens about the power of their vote
They also advocate that participation should be encouraged, not coerced as people are more likely to show up when they believe their voice matters and not when there’s a jail cell waiting if they don’t.
Mandatory voting in other climes
In some countries, voting is mandatory while in some, voting is a legal obligation; so, the consequences for not showing up to vote vary widely. There are different ways diverse governments handle voter absenteeism:
Explain yourself: If you skip an election, you will be asked to provide a legitimate reason and failure to give a valid excuse could lead to penalties.
Fines: Fines are the most common punishment for not voting and the amount varies. The fines are usually small, but persistent refusal to pay can lead to more serious issues.
Imprisonment: While it is rare and mostly symbolic, imprisonment can result when someone refuses to pay fines after several reminders; the jail is not as a result for not voting but rather for not paying the fine.
Also, there can be loss of certain civil rights or access to services while some countries tie voting to access to government services or civic participation. An example is Belgium where missing four elections in 15 years may lead to disenfranchisement. There are subtle, informal sanctions in some countries where non-voters might face social or administrative difficulties.
As the proposed amendments move through the legislative process, conversation is high on why mandatory voting is an ambitious proposal that could redefine the electoral system.
Consequently, as the National Assembly debates the amendments to the Electoral Act 2022, there must be deep conversations about benefits of increased participation against the potential drawbacks of enforced compliance.
It is essential for citizens to engage in discussions about the implications of mandatory voting and whether it can lead to a more vibrant democracy or cause more issues for the electoral system.
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