PHILIP NYAM writes on the recent withdrawal of the controversial compulsory voting bill by Speaker of the House of Representatives, Tajudeen Abbas
Speaker of the House of Representatives, Tajudeen Abbas, for the second time in nine months, recently announced the withdrawal of the controversial bill he sponsored alongside Daniel Ago, representing Bassa/Jos North federal constituency of Plateau State.
Titled, “A bill for an Act to amend the Electoral Act, 2022 to make it mandatory for Nigerians of Maturity Age to vote in all National and State Elections and for Related matters (HB 1930),” The bill was passed through second reading on May 15.
The bill is seeking to make voting compulsory for all eligible Nigerians. Recall that Speaker Tajudeen had, in August 2024, withdrawn the Counter-Subversion Bill and other related draft legislations, following widespread public concern.
Withdrawal
Since the passage of the bill through second reading on May 15, the House received bashing from different sections of the country. It was the criticism over the passage that forced the speaker to withdraw the proposed legislation. The withdrawal was announced in a statement by the speaker’s Special Adviser on Media and Publicity, Musa Krishi, on Monday, 26. The statement read:
“The speaker of the House of Representatives, Hon. Abbas Tajudeen, wishes to inform the public that, following extensive consultations with a broad spectrum of stakeholders, he has decided to withdraw the Bill to Amend the Electoral Act 2022 to make voting mandatory for all eligible Nigerians, which he co-sponsored with Hon. Daniel Asama Ago. “From the outset, the bill was introduced with the best of intentions, which is to bolster civic engagement and strengthen our democracy by encouraging higher voter turnout.
“Compulsory voting has long been practised with notable success in countries such as Australia, Belgium and Brazil, where it has helped sustain participation rates above 90 per cent, while nations like Argentina and Singapore have also implemented similar measures to foster inclusivity at the ballot box. “Nevertheless, the speaker acknowledges that lawmaking is ultimately about the people it serves, and that any reform must respect individual freedoms and public sentiment.
Rather than compel participation, he is committed to exploring positive incentives and innovative approaches that will make voting more attractive and accessible to all Nigerians. “This withdrawal will allow time for further dialogue on how best to cultivate a culture of voluntary participation that honours both our democratic ideals and the rights of our citizens.”
How it was passed
When the bill was presented for debate on May 15, the co-sponsor, Ago, led the debate on the general principles of the bill as Speaker Abbas was presiding over the plenary. He stated that the intendment of the bill was to encourage greater citizen participation in the electoral process, noting that making voting compulsory would address the persistent issue of voter apathy and deepen democracy.
“Voting is not only a right but a civic responsibility. For global precedents, several democracies, including Australia, Belgium and Brazil, for instance, have adopted mandatory voting for positive outcomes in terms of political participation and public accountability.
“For electoral apathy and voter inducement, mandatory voting can significantly reduce the influence of vote buying as more citizens vote,” he said. The Deputy Speaker, Benjamin Kalu, who supported the bill, said it was the process of entrenching civic responsibility, adding that citizenship comes with civic responsibilities.
According to him, in places like Australia, where voting is mandatory, absenting from voting is a criminal offence. His words: “In other climes that we have travelled to or lived, personally in Australia, it is actually an offence for you not to vote during elections. In Australia, it is an offence not to vote.
There are even certain incentives citizens are denied if they fail to participate in elections.” But kicking against the bill, Mark Esset (PDP, Akwa Ibom), said imposing compulsory voting on Nigerians was never an incentive to reform the electoral system. “Let us not build something on nothing. If citizens have lost faith in the electoral system, there is much work to be done.
Many Nigerians abstain from voting because they believe their votes do not count. If we must make voting compulsory, we must also enact a law to ensure that every vote truly counts,” he said. Similarly, Awaji-Inombek Abiante (PDP, Rivers) argued that there was no reason to make voting mandatory for Nigerians of voting age.
Speaking further, the lawmaker argued that the nation was yet to get it right with the elections, as even the credibility of the voter register was in question, adding that many Nigerians live abroad. Responding to the concerns raised by those against the bill, Speaker Abbas said every law has an exception, so there should be no worries over the proposed legislation.
Although details of the bill regarding the punitive measures against the law, New Telegraph gathered that six months or a fine of N100,000 was proposed for violators if the bill had passed into law. When the bill was put to a voice vote by Speaker Abbas, the ayes had it and it was referred to the committee on Constitution review, electoral matters for further legislative.
Opposition
First to react to the passage of the bill for second reading was the Nigerian Bar Association (NBA), which condemned the proposed compulsory voting bill, describing it as unconstitutional and draconian.
In a statement signed by its president, Afam Osigwe (SAN), the NBA emphasised that citizens cannot be punished for choosing to abstain from voting. He rejected the bill, describing it as a violation of civil liberties and democratic principles.
The NBA asserted that the bill is inconsistent with the 1999 Constitution. “Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to remain silent, dissent, and abstain. “In a democracy, voting is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive measures infringes on their fundamental rights,” the statement read.
The NBA further cited Section 40 of the Constitution, which guarantees the right to freedom of association, including the right not to associate, stressing that, “Compelling individuals to vote, regardless of their faith in the electoral process or the choices available, violates their personal convictions and political freedoms.”
The association criticised the bill for attempting to criminalise non-participation in an electoral process plagued by voter apathy, mistrust, insecurity, and systemic flaws.
It urged the government to address the causes of low voter turnout, such as electoral violence and vote buying, instead of imposing punitive measures.
“Democracy thrives on consent, participation, and trust, not coercion. Forcing citizens to vote under threat of imprisonment undermines the essence of free and fair elections,” the NBA stated.
The association warned that passing the bill would set a dangerous constitutional precedent, allowing the government to punish citizens for non-participation in its processes.
“This would pave the way for further erosions of civil liberties under the guise of electoral reform,” it cautioned. The NBA called on the National Assembly to immediately halt any legislative processes advancing the bill, stressing that Nigeria’s democracy requires trust, transparency, accountability, and inclusive reforms, not coercion.
The association also urged the government and political actors to focus on restoring the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of electoral bodies, and conducting robust voter education to inspire confidence in democratic participation.
“No citizen should be compelled to vote under threat of prosecution. The NBA will resist any attempt to enforce such draconian provisions and will challenge any law that seeks to weaponise civic participation against the people,” the NBA vowed. Apart from the NBA, other legal luminaries, former lawmakers, members of academia, civil society organisations, as well as human rights activists, all rejected the bill.
Support
Despite the widespread rejection of the bill, a human rights lawyer and Special Adviser on Legal Matters to the Senate President, Godswill Akpabio, Monday Ubani, welcomed the proposed legislation.
In a statement titled “In Defence of Compulsory Voting in Nigeria: A Case for Democratic Responsibility,” he said it was a bold, necessary intervention aimed at strengthening democracy in Nigeria.
He explained that he took the “minority view” to the discourse “to add a variety of opinions on the view and to provoke reactions.” According to Ubani, “the proposed legislation to make voting compulsory for eligible Nigerians, with a fine of N100,000 for default, is a bold, necessary intervention aimed at reinvigorating Nigeria’s fragile democracy.
While concerns about state failure and individual liberty are valid, they must be balanced against the larger imperative of collective civic duty and national stability.
“Section 24 of the 1999 Constitution lists civic obligations, including allegiance to the nation and respect for its symbols and values. Compulsory voting enforces one of the most crucial civic obligations, the duty to participate in choosing one’s leaders.
“In a democracy, the legitimacy of governance rests on popular participation. Abstention en masse weakens this legitimacy and erodes the mandate of elected officials. Nigeria has witnessed dangerously low voter turnout, often below 30% of registered voters.
This emboldens electoral manipulation, narrows the representative base of elected leaders, and leads to poor governance. “Compulsory voting would reverse this trend, making political office holders accountable to a broader electorate and diminishing the power of vote-buyers.
Over 20 countries, including Australia, Belgium, Argentina, and Singapore, have implemented some form of compulsory voting. In Australia, where fines exist for non-compliance, turnout rates exceed 90%. These democracies have found that compulsory voting leads to a more informed electorate, balanced representation, and a healthier democracy.
“The N100,000 fine is not intended as punishment, but as a deterrent against apathy. Laws without consequences are meaningless. Just as we compel citizens to obey traffic rules, pay taxes, and register births and deaths, so too can we compel voting, a process vital to democracy”.
Commendation
But shortly after the bill was withdrawn, one of the groups that kicked against it, commended Speaker Abbas for listening to the voice of the people.
In a statement signed by its executive secretary, Samson Itodo, Yiaga Africa said it “commends the speaker of the House of Representatives for his decision to withdraw the proposed Compulsory Voting Bill seeking to make voting compulsory for all eligible Nigerians and imposing sanctions of a N100,000 fine and 6 months imprisonment.
The withdrawal of the bill demonstrates responsive legislative leadership and respect for the will of the people. “We acknowledge that the bill was introduced with the intention of reversing Nigeria’s historically low voter turnout.
However, as we previously noted, making voting a legal obligation punishable by sanctions would have amounted to criminalising a constitutionally guaranteed right and undermining the very foundations of our democracy. “We reiterate our earlier call on the National Assembly to prioritise electoral reforms that rebuild public trust, improve election integrity, and remove structural and systemic barriers to participation.
“These reforms should include a transparent, non-partisan and merit-based process for appointing INEC commissioners to protect INEC’s independence, mandatory electronic transmission of election results to improve transparency, introduction of early voting, legal timelines for concluding election petitions before the swearing-in of elected officials and establishment of an Electoral Offences Commission.”
