Punishing Nigerians for not voting is unconstitutional – Pro-democracy group warns Reps

Pro-democracy group, Yiaga Africa has condemned a proposed bill in the National Assembly seeking to make voting compulsory and punish eligible non-voters with a six-month jail term, describing it as unconstitutional, draconian, and a threat to democratic freedoms.

In a statement signed by its executive director, Samson Itodo, the civic organization said the bill, though aimed at addressing voter apathy, employs an oppressive and counterproductive approach that violates the rights of Nigerians.

“Yiaga Africa unequivocally rejects the proposed bill… seeking to introduce compulsory voting in Nigeria and prescribing a six-month jail term on eligible voters who refuse to vote,” the statement reads.

While acknowledging the rationale behind the bill, the organisation argued that the strategy adopted is “a gross violation of constitutionally guaranteed fundamental rights.”

Yiaga Africa stressed that choosing not to vote is a legitimate form of political expression, protected under domestic and international human rights laws.

“Democracy thrives on freedom, which includes the choice to participate or abstain from voting.

“Compulsory voting undermines this democratic freedom and the punitive sanctions for not voting erode the foundational principles of voluntary democratic engagement,” the group said.

The statement offered a historical analysis of Nigeria’s voter turnout, noting a steep and consistent decline over the past two decades. From a peak of 69.1% in 2003, participation has plummeted to a historic low of 27.1% in the 2023 general elections.

With these figures, Nigeria now holds the record as “the largest democracy in Africa with the lowest voter turnout.”

Yiaga Africa faulted the bill for failing to tackle the actual drivers of voter apathy such as electoral distrust, manipulation, and poor governance.

Instead of punishment, the group urged the National Assembly to pursue reforms that build public confidence and make the electoral system more inclusive and transparent.

“Voter apathy isn’t solved by criminalising non-participation. It is addressed through trust, electoral justice, and accountability,” Yiaga said.

The organisation concluded by urging the National Assembly to abandon the compulsory voting bill and focus on genuine electoral reforms that enhance participation and uphold democratic freedoms.

“We therefore urge the National Assembly to reject the proposed bill 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,” the statement read.