Rights Group Condemns Bill to Criminalise Non-Voting in Nigeria

A prominent human rights organisation has launched a strong opposition campaign against a controversial bill that would criminalise non-voting in Nigeria, making voting compulsory for all eligible Nigerians, with penalties including jail time for those who fail to cast ballots.

Hope Behind Bars Africa issued a statement Tuesday condemning the proposed legislation, that recently passed its second reading in the House of Representatives, calling it “a dangerous and unconstitutional overreach that criminalises civic disengagement.”

The bill, titled “A Bill for an Act to Amend the Electoral Act 2022 to Make It Mandatory for All Nigerians of Majority Age to Vote in All National and State Elections and for Related Matters,” was introduced on March 30 by House Speaker Rt. Hon. Tajudeen Abbas and Hon. Daniel Asama.

If enacted, the legislation would impose penalties of up to ₦100,000, six months’ imprisonment, or both, for eligible voters who fail to participate in elections without what authorities deem a valid justification.

“Voting is a constitutional right, not a forced obligation,” the rights group stated. “Nigeria’s 1999 Constitution and the Electoral Act 2022 protects the right of every citizen to participate voluntarily.”

Proponents of the bill, including sponsor Hon. Daniel Asama, have framed the measure as a solution to chronically low voter turnout in Nigerian elections. Asama has publicly stated that the bill aims “to encourage citizens’ participation in the electoral process,” adding that poor turnout “would be addressed if the bill scales legislative scrutiny.”

However, Hope Behind Bars Africa argues the approach fundamentally misunderstands the root causes of electoral disengagement in Nigeria.

“It is deeply ironic and wholly unacceptable that in a country where millions are disenfranchised by insecurity, logistical failures, voter suppression, and lack of trust in the electoral process, the response of lawmakers is to threaten imprisonment rather than reform,” the organisation stated.

The rights group also raised concerns about the potential impact on Nigeria’s already overcrowded correctional facilities, noting that the law could “only expand Nigeria’s already overburdened correctional system, where thousands are locked up for petty and non-violent offences.”

Critics of the bill further warn that enforcement would likely disproportionately affect already marginalised populations.

“It further risks targeting the same vulnerable groups – young people, the poor, and marginalised communities – who are already disproportionately excluded from political processes and state protections,” according to the Hope Behind Bars Africa statement.

Rather than punitive measures, the organisation is advocating for systemic reforms to increase voluntary participation, including “restoring public confidence in the Independent National Electoral Commission (INEC), ensuring security at polling units, improving voter education, and removing the socio-political barriers that keep millions away from the polls.”

The bill still needs to clear additional legislative hurdles before potentially becoming law, including a third reading in the House of Representatives and consideration by the Senate.

Nigeria, Africa’s most populous nation with approximately 225 million people, has struggled with voter participation issues for years. Despite having over 93 million registered voters for the 2023 general elections, turnout was reported at just 27 percent for the presidential contest, the lowest in the nation’s democratic history.

The bill has sparked debate among constitutional experts, with some arguing that compulsory voting violates fundamental freedoms guaranteed in Nigeria’s constitution, while others point to countries like Australia, Belgium, and Brazil that have successfully implemented mandatory voting systems.

Hope Behind Bars Africa’s statement, signed by Senior Communications Officer Obinna Ejiogu, calls for “the National Assembly to reject this bill in its entirety.”