Human rights lawyer Femi Falana (SAN) has condemned a proposed bill mandating electoral participation, arguing it violates constitutional freedoms.
The legislation, which was sponsored by House Speaker Tajudeen Abbas, seeks to impose a six-month jail term or ₦100,000 fine on eligible voters who abstain from elections, aiming to boost civic engagement and voter turnout.
In a Monday statement, Falana criticized the bill’s constitutional basis, stating lawmakers overlooked key provisions of the 1999 Constitution.
“I doubt that the speaker and his colleagues paid sufficient attention to the relevant provisions… Otherwise, they would have realised that compulsory voting is constitutionally invalid in every material particular,” he asserted.
Falana highlighted conflicts with Sections 37, 38, 77(2), 135(5), and 178(5), which protect “the fundamental rights of the Nigerian people to privacy, freedom of thought and conscience, as well as the freedom to register and vote.” He referenced judicial precedents, including a Supreme Court ruling upholding Muslims’ right to wear hijabs in schools, to underscore courts’ interpretations of these rights.
Urging the House of Representatives to withdraw the bill immediately, Falana instead called for amendments to the Electoral Act aligning with recommendations from the Uwais Electoral Reform Panel. These include unbundling INEC, adopting proportional representation, resolving election disputes before winners are sworn in, and establishing an Electoral Offences Commission.
The proposal has reignited debates over balancing civic duty with constitutional liberties, as critics warn against criminalizing voter apathy in a nation grappling with electoral trust deficits.
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