A bill to amend the Electoral Act 2022 and make voting compulsory for all Nigerians has continued to generate controversies among Nigerians, pitching the lawmakers against each other. YIAGA Africa has bluntly rejected the bill, saying that punishing non-voters undermines democracy and urging systemic reforms to restore electoral trust. The House of Representatives were divided
A bill to amend the Electoral Act 2022 and make voting compulsory for all Nigerians has continued to generate controversies among Nigerians, pitching the lawmakers against each other. YIAGA Africa has bluntly rejected the bill, saying that punishing non-voters undermines democracy and urging systemic reforms to restore electoral trust.
The House of Representatives were divided on Thursday over the bill seeking to amend the Electoral Act 2022 to make voting compulsory for all Nigerians of voting age in national and state elections. The bill, however, passed second reading during Thursday’s plenary session presided over by Speaker Tajudeen Abbas. It is being jointly sponsored by the Speaker and Daniel Asama, a lawmaker from Plateau State.
The proposed legislation stipulates penalties for eligible voters who fail to vote without valid justification, including a fine of N100,000, a six-month jail term, or both. Since its introduction in mid-April, the bill has engendered public outrage, with the National Association of Nigerian Students threatening mass protests in opposition.
On Friday, Yiaga Africa rejected the mandatory voting bill, saying that punishing non-voters undermines democracy and urging systemic reforms to restore electoral trust. In a statement issued by its Executive Director, Samson Itodo, the organisation described the bill as “draconian” and a clear violation of constitutionally guaranteed rights. “Voting is a right, not a duty to be criminalised.” It protected under both domestic and international law.
The statement reads, “The said bill is conceived as a legislative intervention to address the abysmally low voter turnout. 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. Indeed, the right to abstain from voting is itself a legitimate form of political expression protected under domestic and international human rights law.”
Acknowledging that the bill aims to address low voter turnout, which hit a historic low of 27.1% in the 2023 general elections, Yiaga Africa argued that coercive measures will do more harm than good to Nigeria’s fragile democracy.
“Democracy thrives on freedom, which includes the choice to participate or abstain from voting. Compulsory voting undermines this democratic freedom, and the punitive sanctions for not voting erode the foundational principles of voluntary democratic engagement. In its entirety, the bill fails to address the drivers of voter apathy, such as distrust in the electoral process, election manipulation, and poor governance.
“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 the mode of appointments in INEC; early voting; diaspora voting; and improved transparency in the management of elections,” the statement said.
YIAGA opined that voter apathy in Nigeria is deeply rooted in systemic issues such as electoral malpractice, lack of transparency, and distrust in governance. It urged lawmakers to focus on more meaningful reforms that would inspire public confidence and participation, including the electronic transmission of results, early and diaspora voting, and enhanced transparency in the appointment of INEC officials.
The statement continued, “Yiaga Africa believes voter apathy isn’t addressed by punishing voters for not voting. It can be addressed through trust, electoral justice, and accountability. We therefore urge the National Assembly to reject the proposal and channel its legislative efforts towards passing electoral amendments that expand access to voting, guarantee electoral transparency, and protect the political rights of all Nigerians.”
The organisation reiterated that addressing voter apathy requires investment in trust, justice, and accountability, not punitive legislation. It concluded by calling on the National Assembly to reject the proposed bill and instead enact reforms that expand access to voting and protect the political rights of all Nigerians.
Legal and political analyst Dr Monday Ubani, SAN, holds a different opinion. Endorsing the proposed legislation, he describes it as a necessary step to strengthen the nation’s fragile democracy.
In a statement titled “In Defence of Compulsory Voting in Nigeria: A Case for Democratic Responsibility”, Ubani argued that, while concerns about liberty and state inefficiency are valid, they must not override the greater need for collective civic duty.
“Section 24 of the 1999 Constitution lists civic obligations, including allegiance to the nation and respect for its values. Compulsory voting enforces one of the most important of these — choosing our leaders,” he said.
Ubani pointed to Nigeria’s consistently low voter turnout — often less than 30% — as a threat to democratic legitimacy. He argues that low participation encourages electoral fraud, narrows representation, and results in poor governance.
“When citizens abstain, they weaken the legitimacy of those in office and embolden vote-buyers. Compulsory voting would reverse this, expand participation, and improve accountability. Over 20 countries, including Australia, Belgium, and Argentina, have implemented forms of compulsory voting. In Australia, where fines apply for noncompliance, turnout regularly exceeds 90%. These democracies have shown that compulsory voting fosters informed citizens, balanced representation, and stronger institutions,” Ubani noted.
