Bills Seek Jail Time for Non-Voters: SAN's Faulty Assembly Steps In

A proposed legislation named 'The Bill for an Act to Amend the Electoral Act 2022 to Make Voting Compulsory for All Eligible Nigerian Adults in Every National and State Election, Along with Connected Issues,' has ignited intense discussions throughout Nigeria.

Should the legislation be enacted, it would mandate voting for all qualifying Nigerians, representing a substantial change in Nigeria’s election environment.

The draft legislation presented to the National Assembly aims to revise the existing Electoral Act of 2022 with the intention of making voting mandatory for both national and state elections.

The proposal suggests that any qualified voter who does not cast their ballot without a legitimate excuse could be subject to penalties such as a fine of N100,000, up to six months in prison, or both.

This legislation seeks to tackle the problem of voter indifference, which has been an ongoing concern during Nigerian elections, and boost citizen involvement in democracy.

Following the introduction of the bill by House of Representatives Speaker Tajudeen Abbas, worries have emerged regarding potential sanctions for those who do not participate.

In response to the proposed bill, Nigerian Senior Advocate Awa Kalu rejected it as superfluous and at odds with democratic standards.

He stated that participating in voting is a duty of citizenship but emphasized that going to the polls is not mandatory during elections.

"Participating in voting is a duty we all share as citizens; however, I am unaware of any region where it is mandatory. Instead, let's discuss the legislation that truly needs serious consideration from our lawmakers," he stated.

“Nowhere is it mandatory for voters to cast their ballots during elections,” Kalu stated.

In similar fashion, Babatunde Fashanu (SAN) condemned the suggestion, deeming it "completely absurd, 110%."

He stated, "Participating in elections is a responsibility of citizenship; however, nowhere globally is it mandated as an obligatory duty. Even in more stable regions, holidays are not observed on election days."

As stated by Fashanu, it should always be up to an individual citizen to decide whether they want to vote or not, as well as whom they wish to support, and this decision ought to remain confidential.

Sebastian Hon (SAN) strongly dismissed the bill, asserting that it lacks both legal and democratic grounding. "This legislation is not in line with the constitution. If enacted as law, such a measure would be deemed unconstitutional. Voting rights are voluntary, and one cannot force someone to cast their ballot," he stated.

He stressed that instead of penalizing non-voting, the government should concentrate on educating voters and increasing public awareness during elections.

He emphasized that instead of penalizing non-voters, the government should focus more on educating voters about the significance of electing capable leaders and undertaking associated initiatives.

“As far as I know, no country implements such legislation,” Hon stated.

Hon further stressed that democracy relies on the free will of the people, not coercion. “Democracy is participatory, and it counts on people’s willingness, not compulsion.

"You cannot force individuals to cast their votes. It would be unconstitutional, so this bill shouldn't proceed at all," he asserted.

Professor Mike Ozekhome (SAN), in his condemnation of the bill, referred to it as "nonsense" and cited the Nigerian Constitution to support the stance that voting should be seen as an optional civic responsibility.

According to Chapter 2 of the Nigerian Constitution, voting is a voluntary civic responsibility. He emphasized that this act of voting is not mandatory but optional.

Ozekhome went on to clarify that Chapter 2 of the Constitution, addressing Fundamental Objectives and Directive Principles of State Policy, doesn’t offer a legal foundation for compulsory voting.

"These clauses serve only as guidance and cannot be enforced in a courtroom," he explained.

He stressed that a democratic voting system inherently encompasses those who win the majority vote, those who end up in the minority, as well as those who decide not to participate in voting whatsoever.

"Voting encompasses three groups: majority voters, minority voters, and those who vote from abroad. An individual can belong to one of these classifications," he stated.

Stating that the bill was "dead on arrival," he encouraged legislators to concentrate on Nigeria’s critical challenges rather than pursuing unattainable policies.

"They ought to confront the numerous challenges currently plaguing Nigeria instead of chasing after illusions," Ozekhome stated.

The Senior Advocate of Nigeria, Olu Daramola, has vehemently criticized the Speaker of the House of Representatives regarding a suggestion to imprison individuals who do not cast their votes.

Deeming the proposal as preposterous, Daramola disregarded the Speaker's comments, asserting that they were inappropriate and impractical.

"He is like a joker; you can’t imprison someone just for choosing not to vote," Daramola stated.

The SAN contended that rather than concentrating on non-voters, legislators should direct their efforts towards combating electoral fraud and misconduct.

"He ought to focus his efforts on curbing those who rig and manipulate elections," Daramola stated additionally.

Kunle Adegoke (SAN) opposed the suggestion made by the Speaker of the House of Representatives to penalize abstention from voting, contending that such a law would be both imprudent and futile.

"Although it is accurate to state that engaging in electoral processes such as voting is a civic duty acknowledged and required by the Constitution of the Federal Republic of Nigeria, 1999, making non-voting illegal might not be a prudent measure," Adegoke stated.

He admitted that sparse participation in voting results in inadequate representation, enabling just a tiny segment of voters to choose those who lead us.

Nevertheless, he maintained that making non-participation illegal would not address the underlying issues behind voter indifference.

A community facing electoral or voter indifference can’t simply become electorally resilient through legislation alone. It’s crucial to address the barriers preventing individuals from casting their votes, he emphasized.

Adegoke pointed out various elements leading to voter disinterest, such as bad leadership, election-related brutality, and skepticism towards the voting system.

He stated that when individuals view governance as a tool for personal gain and disregard the interests of the general populace, it becomes impossible to force them to vote contrary to their beliefs.

He additionally highlighted that electoral violence still acts as a significant barrier for numerous voters.

numerous individuals stay away from voting stations on election day primarily because they wish to steer clear of unnecessary risks.

numerous individuals might opt to remain within the confines of their own unwelcoming residences, feeling threatened or witnessing acts of violence on election day. He wondered how many criminals and troublemakers had faced prosecution and conviction as a deterrent.

Adegoke went on to criticize vote-buying and manipulation, stating that unless free and fair elections are guaranteed, compelling individuals to cast their ballots would serve no purpose.

He emphasized the importance of maintaining a transparent and equitable electoral process. When votes can be purchased, those with substantial financial resources essentially dictate the outcome, which discourages widespread participation. It is crucial that our votes hold genuine weight and that ordinary citizens truly have influence.

"It is the wealthy individuals who would decide the outcome, and not many people are keen to engage in such an endeavor," he cautioned.

Our election system hasn’t ensured that every vote truly makes a significant impact, leading to public doubt about the importance of casting their ballots. We must reinforce legal frameworks and their enforcement to guarantee that each vote genuinely matters.

"It is crucial to establish mechanisms ensuring that the benefits of democracy truly reach the citizens," Adegoke stated.

He stressed that rejuvenating the economy and promoting internal democracy within political parties were crucial for reinstating public trust in elections.

"All of this will motivate people more to take part in voting rather than making abstention from voting illegal," he said.

In closing, Adegoke urged the Speaker to rethink the proposed bill, contending that Nigeria already possesses ineffective regulations that do not tackle the genuine problems impacting governance and democracy.

"I believe it would be unwise for the Speaker of the House of Representatives to endorse a bill of this kind," he stated.

A prominent Nigerian lawyer and legal scholar, Damilola Olawuyi, similarly denounced the suggestion, asserting that casting a ballot is a constitutional privilege rather than an obligatory responsibility.

"It is thus undemocratic, unconstitutional, and unfeasible to penalize or prosecute individuals for not utilizing their right to vote," he stated.

Olawuyi remembered a comparable effort in India, where a suggested legislation aimed at jailing and fining individuals who did not vote was ultimately scrapped because of widespread public disapproval.

You may remember that in 2022, the Indian Parliament attempted to propose a comparable regressive law aimed at incarcerating and fining individuals who did not vote, but this effort was thwarted because of widespread public opposition.

“He cautioned that it’s crucial for our lawmakers to draw lessons from history and avoid excessively agitating the political climate.”

Instead of implementing harsh penalties, Olawuyi proposed that legislators concentrate on boosting public confidence in the electoral system.

He recommended focusing on a more pragmatic strategy by collaborating with civil society organizations, the media, and guidance agencies to vigorously advocate for public education and awareness about the significance of voting.

He additionally highlighted the importance of implementing electoral reforms to enhance voter trust. "In order to reinstate faith in the electoral system among the public, we have to guarantee security, openness, and most importantly, make certain that the outcome of elections truly matters," he stated.

Allocating resources for contemporary technological infrastructure to streamline the voting procedure and decrease lengthy lines on election day will be extremely important.

"These are the pragmatic and constitutional actions needed to enhance voter trust, rather than implementing severe penalties and strict regulations," Olawuyi emphasized.

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