House of Reps Advances Bill Proposing Jail Time, Fine for Non-Voters

STRATEGIC VOTING: NAVIGATING THE PATH TO CHANGE

A controversial bill seeking to make voting compulsory for eligible Nigerians, with penalties including up to six months in prison or a ₦100,000 fine for abstention without valid reason, has passed its second reading in the House of Representatives.

The proposed legislation has ignited a heated national debate, pitting arguments for enhanced civic participation against concerns over individual freedoms.

 

Sponsored by Speaker Tajudeen Abbas and Hon. Daniel Ago, the “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,” aims to address persistent voter apathy and strengthen democratic legitimacy.

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Proponents argue that a higher voter turnout would lead to governments that are more representative and decisions that are more legitimate, as they reflect the will of a broader segment of the population. They also suggest that compulsory voting could encourage citizens to become more informed about candidates and issues.

 

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However, the bill has drawn strong criticism from various quarters, including civil society organizations like the Socio-Economic Rights and Accountability Project (SERAP).

SERAP has urged the National Assembly to withdraw the “oppressive bill,” arguing that jailing eligible Nigerians for choosing 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.”

 

Critics contend that the right to vote inherently includes the right not to vote, and forcing participation would be an infringement on fundamental freedoms, including freedom of speech.

Furthermore, concerns have been raised about the practicality and enforceability of such a law in a country with a large and diverse population.

 

Some argue that it could lead to uninformed voting, as individuals forced to cast ballots might do so randomly or without proper consideration. There are also questions about how “valid reasons” for abstention would be defined and verified, potentially creating bureaucratic hurdles and opportunities for abuse.

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Countries with compulsory voting systems, such as Australia and Belgium, often impose fines for non-compliance, with imprisonment typically reserved for failure to pay those fines rather than for the act of not voting itself. In some cases, citizens can also be removed from voter registers or face restrictions on public services if they do not vote.

 

The proposed legislation is still in its early stages and will undergo further scrutiny through multiple readings and committee deliberations before it can potentially become law. The intense public discourse surrounding the bill indicates that it will continue to be a significant topic of discussion as it progresses through the legislative process.


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