Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has rejected the proposed bill that seeks to make voting compulsory in Nigeria. He described it as unconstitutional and unworkable under Nigeria’s current legal and political system.
The bill, sponsored by Speaker of the House of Representatives, Hon. Tajudeen Abbas, and lawmaker Daniel Ago, recently passed second reading in the House. During last Thursday’s plenary, Hon. Ago argued that compulsory voting would reduce voter apathy and curb vote-buying. He said it would also encourage stronger civic participation.
In a statement titled “Compulsory Voting is Not Enough,” issued on Monday, Falana faulted the lawmakers’ approach. He said the bill infringes on constitutional rights, including privacy, freedom of thought, and the right to choose whether or not to vote.
“The Speaker may want Nigeria to follow Egypt, which is the only African country among 23 globally with laws on compulsory voting,” Falana noted. “But the Nigerian Constitution protects the rights of citizens to make personal choices, including the freedom to vote or abstain.”
He stressed that lawmakers failed to consider key constitutional sections. According to him, compulsory voting contradicts Sections 37, 38, 77(2), 135(5), and 178(5) of the 1999 Constitution (as amended). These provisions guarantee citizens’ freedom of conscience and political participation without coercion.
Falana also questioned the feasibility of enforcing such a law. He warned that trying to prosecute millions who choose to boycott elections is both unrealistic and counterproductive.
“Compulsory voting can’t be legalised in isolation,” he said. “Many Nigerians boycott elections because they see them as platforms for renewing misgovernance, corruption, and power abuse by a pampered elite.”
He pointed to Section 14(2) of the Constitution, which promotes public participation in governance. However, he argued that mandatory voting can only be justified if Chapter II of the Constitution is made enforceable in court.
Falana also highlighted Section 224. It states that all political parties must align their programmes with Chapter II. But he noted that Nigerian courts have never fully interpreted this requirement. Without enforcing these principles, he said, compulsory voting becomes both unjust and unconstitutional.
Falana’s remarks have triggered wider debate. While some support the idea to strengthen democracy, many agree with his concerns about legality, rights, and practicality. As the House of Representatives continues its deliberation, legal experts and civil society groups are watching closely.
