Compulsory Voting Undermines Democratic Freedom, Yiaga Africa Warns House of Representatives

Chuks Okocha in Abuja

A Civil Society Organisation (CSO) and election observer, Yiaga Africa, has vehemently condemned the proposed bill by the House of Representatives making it compulsory for Nigerians to vote or face six months imprisonment and warned that it undermines the democratic freedom of Nigerians.

A bill seeking to amend the Electoral Act 2022 to make voting compulsory for all Nigerians of voting age, which passed second reading during Thursday’s plenary session presided over by Speaker Tajudeen Abbas, was jointly sponsored by the Speaker and a lawmaker from Plateau State, Daniel Asama.

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.

In his reaction, the Executive Director of Yiaga Africa, Samson Itodo, in a statement signed by him, said such a bill which undermines the democratic freedom of Nigerians, was uncalled for.

Itodo also described the bill as draconian as it constitutes a gross violation of constitutionally guaranteed fundamental rights of Nigerians.

He said: “Yiaga Africa unequivocally rejects the proposed bill under consideration in the National Assembly seeking to introduce compulsory voting in Nigeria and prescribing a six-month jail term on eligible voters who refuse to vote at elections.

“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.

“Compulsory voting undermines this democratic freedom and the punitive sanctions for not voting erodes the foundational principles of voluntary democratic engagement.

“Indeed, the right to abstain from voting is itself a legitimate form of political expression protected under domestic and international human rights law.”

However, he pointed out that the bill falls short of not really addressing factors that lead to voter apathy.

He also referred to past experiences of voter apathy, traceable to the 2007, 2011, 2015, 2019, and 2023 general elections respectively.

“Voter turnout in Nigeria has fluctuated significantly over the years, reflecting a complex interplay of political and systemic factors that influence electoral participation. In 1979, turnout stood at 34.6 per cent, increasing slightly to 38.9 per cent in 1983 and holding at 35 per cent in 1993. A notable surge occurred in 1999 with a turnout of 52.3 per cent, followed by a peak in 2003, when 69.1 per cent of registered voters participated.

“However, this upward trend reversed in subsequent elections: 57.5 per cent in 2007, 53.7 per cent in 2011, 43.7 per cent in 2015, 34.7 per cent in 2019, and a historic low of 27.1 per cent in 2023.

“This sharp decline positions Nigeria as the largest democracy in Africa with the lowest voter turnout. Democracy thrives on freedom, which includes the choice to participate or abstain from voting.

 “The bill in its entirety 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 prioritize 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 of the mode of appointments into INEC, early voting, diaspora voting, and improved transparency in the management of elections.

“Yiaga Africa believes voter apathy isn’t addressed by punishing for not voting.

It can be addressed through trust, electoral justice, and accountability”, he said.

Meanwhile, the Yiaga Africa boss said the National Assembly should reject the bill.

“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,” he added.