By Chief Frank Agbedo

The current moves by the National Assembly to legislate against voter apathy, by making voting mandatory, for the electorate, is yet another frightening dimension to the condescending perception of the people by our law makers. A more thoughtful action would have been for them to first embark upon a deeper soul- searching, to unravel the cause of the malaise, rather than jumping the gun, to merely treat the symptoms. If the citizens believe that their vote do not count or that the system is rigged, they are less likely to participate in the elections, regardless of whether voting is made mandatory or not. Instead of imposing mandatory voting, the lawmakers should focus more on addressing the underlying issues bedeviling the electoral process. They should rather take up initiatives aimed at building trust in the electoral process, improving voter education, ensuring safety during elections, and enhancing the overall integrity of the system.

Already, the highly disillusioned citizens, from all strata, including prominent lawyers and civil society advocates, in large numbers, have voiced their strong opposition, outrage and frustration against the bill, aptly pronounced, as “Dead on Arrival” for not only being vexatious and oppressive , but also a brazen violation of the fundamental rights of the citizens, under our constitution, particularly, sections 37, 38, 77(2) and 135(5) thereof.

Dr. OLisa Agbakoba, SAN, the foremost human rights activist of our time, on his own part, in an outright rejection and condemnation of the bill, had vowed to go jail, on grounds of conscientious objection or civil disobedience, rather than obey such obnoxious and ridiculous law, if passed by the law makers. No gainsaying the obvious likelihood of a deluge of more conscientious citizens, of his ilk, following in his footsteps, with the grave potential, to trigger off social unrest and needless political crisis in the country.

In contemporary society, the practice of civil disobedience, made popular by the the late American civil rights activist, Dr Martin Luther King Jr., remain relevant, particularly in the face of laws perceived as oppressive or detrimental to the public good

This proposed legislation raises significant concerns about the adverse implications to individual rights and democratic freedoms, civic engagement, and the role of government in the lives of it’s citizens, as expressly enshrined in the constitution.

While the intention behind such legislation may be to increase voter turnout and enhance democratic participation, the imposition of punitive measures for noncompliance could be seen as an infringement of the rights of the citizens. Forcing citizens to vote undermines the very essence of democracy, which is predicated on the voluntary participation of citizens.

In a country like Nigeria, where cases of political disenfranchisement and apathy are rife, the introduction of penalties for non- voters could exacerbate existing tensions. It risks alienating citizens who may feel that their voices are not heard or valued in the political process. Moreover, it raises ethical questions about the role of government in mandating civic engagement. Should the state compel participation in a system that many perceived as flawed or corrupt?

In conclusion, in a democratic society, the voices of the people must be heard, and laws must reflect the collective will and ethical standards of the people. When faced with laws that are perceived as unjust, citizens have the right, and perhaps the obligation to engage in civil disobedience, within the ambits of the Constitution and the tenets of participatory democracy and enhanced leadership. The balance of convenience is therefore clearly in favor of discontinuing further action on the said bill, by the legislature, than proceeding with the deliberations for it’s passage, which would be against the interest and common good of the people, they were elected to serve.

Chief Frank Agbedo, FIMC, Learned Author and Constitutional Lawyer, writes from Lagos.

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