Compulsory Voting criticised as unconstitutional by Falana

Compulsory Voting Bill criticised as unconstitutional by Falana

Compulsory Voting, which was recently introduced by Speaker Tajudeen Abbas and lawmaker Daniel Ago, is stirring intense debate across Nigeria. While the bill claims it would fight voter apathy and reduce vote-buying, prominent human rights advocate Femi Falana has slammed it as unconstitutional and unrealistic.

Falana, a Senior Advocate of Nigeria and vocal defender of civil rights, says the proposal ignores key sections of Nigeria’s constitution. He warned that forcing citizens to vote would breach their fundamental rights and amount to legal overreach.

“The Speaker of the House of Representatives probably wants Nigeria to join Egypt,” Falana stated. “Egypt is the only African country among 23 globally that has provisions for compulsory voting.”

The House of Representatives recently passed the bill’s second reading during a plenary session. According to Ago, the law would boost electoral participation and reduce incentives for vote trading.

But Falana believes the bill, if passed, would fail in court and face serious implementation challenges. He said Nigeria’s current legal system makes such enforcement impossible, and any attempt to coerce voting would violate freedom of conscience and privacy.

Falana explained that the Nigerian Constitution—especially Sections 37, 38, 77(2), 135(5), and 178(5)—protects citizens’ rights to decide if they want to vote. Making voting mandatory, he argued, would conflict with those rights.

“Otherwise, they would have realised that compulsory voting is constitutionally invalid in every material particular,” he said, pointing out the bill’s direct clash with those sections.

He further warned that millions of Nigerians could choose to boycott elections if they felt coerced, especially when elections fail to reflect public will.

“Compulsory voting cannot be legalised in vacuo,” Falana stated. “It is practically impossible to prosecute millions of Nigerians who may decide to boycott national and local elections that have been reduced to the periodic renewal of misgovernance, corruption, and abuse of power.”

He expressed deep concern over the rising mistrust in Nigeria’s electoral process. Falana believes the core problem isn’t just voter apathy—but also a lack of faith in politicians who continue to enrich themselves while neglecting the people’s needs.

He reminded lawmakers that Section 14(2) of the Constitution supports public participation in democracy, but such participation must be voluntary, not forced.

“If you want to make voting compulsory, then Chapter II of the Constitution must be justiciable,” Falana said. “Nigerian courts have never considered Section 224, which states that the programme, as well as the aims and objects of a political party, shall conform with the provisions of Chapter II of this Constitution.”

Falana insists that unless Nigeria fixes its democratic foundation and ensures elections truly reflect the people’s will, making voting mandatory won’t solve the problem. Instead, it could fuel more resentment, especially among young Nigerians who already feel shut out of national decision-making.

He challenged the National Assembly to focus instead on strengthening institutions like the Independent National Electoral Commission (INEC), ensuring voter education, and reducing political violence and manipulation.

Falana’s argument has sparked a wider conversation among Nigerians online and offline. Many agree that compelling people to vote without addressing deeper issues would only paper over the cracks in the system.

Some fear the law, if passed, could lead to widespread voter harassment, while others worry it could give politicians more power to punish dissent.

Although the bill’s sponsors say it will bring Nigeria in line with global democratic standards, critics insist that Nigeria must first fix its political accountability issues.

Falana’s strong opposition has given voice to a growing number of citizens who feel disillusioned about the country’s elections. They believe democracy should empower the people—not pressure them.

With this debate now heating up, Nigerians are watching closely to see if their lawmakers will stick with the bill or reconsider in the face of rising public pushback.

Whether or not the Compulsory Voting Bill survives the legislative process, one thing is clear: the conversation about Nigeria’s broken electoral trust has been reignited—and it’s not going away anytime soon.