The House of Representatives’ recent move to make voting compulsory for all eligible Nigerians has sparked a wave of criticism, particularly from legal professionals who argue that the real issue is not voter apathy but institutional betrayal and electoral injustice.
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The bill, which recently passed second reading, proposes to amend the Electoral Act 2022 by mandating participation in elections for all Nigerians aged 18 and above. Non-compliance would attract sanctions, except for those with legitimate exemptions such as illness, religious objections, or living abroad.
But lawyers across the country are raising alarm—not just about the feasibility of such a law, but about its fairness in a system they say continues to punish the willing and reward saboteurs.
One Abuja-based lawyer was blunt in his rejection of the bill: “Nigerians cannot be forced to vote in an election where the choices are two or three devils. Not voting in such a circumstance is a legitimate democratic choice and an exercise of the right to freedom of expression.”
He added that many Nigerians feel disillusioned by the current leadership, noting, “How many of us are truly proud of the National Assembly? Look at the kind of characters we have in there. Many are political clowns.”
Another legal practitioner who supported higher voter participation questioned the logic of the bill: “While I think it’s an exaggeration to say votes don’t count, let’s be honest—rigging becomes harder when turnout is high. So if the issue is sabotage, compulsory voting might help. But only if the system is trusted.”
He pointed to INEC Chairman Prof. Mahmoud Yakubu’s mixed legacy, saying: “It’s no secret that INEC under Mahmoud does some dirty work—particularly in the recognition and monitoring of political parties and their finances. But in terms of vote counting, things have improved. Still, we can’t force citizens to vote when electoral guidelines are changed midway through elections without accountability. That destroys trust.”
Lawyers also raised concerns that the bill fails to address the real deterrents to voting: violence, cyber interference, and institutional failure.
“Does this bill include consequences for political thugs like MC Oluomo, who openly threatened and harmed voters in Lagos during the last election? What about consequences for cyber manipulation of the BVAS system? What happens to INEC officials who tamper with election tech and alter the rules mid-process? These are the questions lawmakers should be asking—not how to penalize voters.”
A Southeast-based lawyer shared a personal account of being excluded from the 2023 elections:
“Even as a lawyer, I don’t have a voter’s card. I went several times to collect it, only to realize—close to the election—that I had been systematically excluded, likely because of my tribe.”
He added: “Instead of fixing INEC and addressing systemic disenfranchisement, lawmakers now want to punish citizens who didn’t vote? It’s a cruel irony.”
Lawyers also pointed to INEC’s disobedience of court orders as a red flag that makes compulsory voting deeply unjust.
“The Labour Party requested CTCs of result sheets from INEC. INEC refused. LP took the matter to court, and the tribunal shockingly said ‘let’s move on.’ Eventually, INEC released the CTCs after LP had filed their case. The court then blamed LP for not providing the documents. How can we trust a system that sides with lawbreakers?”
Another lawyer added: “This shows that INEC no longer fears the law, and courts are helping them. If petitioners can’t even get the documents they need to prove their case, what are we voting for?”
Lawyers cited what happened in Rivers and Lagos States, where widespread turnout didn’t stop manipulation:
“In Rivers, results were changed manually. LP’s scores were crossed out with pens, and those of APC and PDP inserted. INEC accepted these doctored figures. Voters were attacked. And the courts looked away.”
A lawyer summarized the situation: “Turnout won’t matter until the vote is protected. Forcing turnout without protecting the process is both premature and oppressive.”
One lawyer drove the point home: “Nigeria doesn’t lack laws. We lack political will. We’re quick to threaten the powerless with sanctions, while the powerful go scot-free.”
Another added: “If voting is compulsory, then integrity in election management should be doubly mandatory. Why has no one been prosecuted for the failures of the last election? Why are we chasing voters, not violators?”
In the eyes of many legal experts, the compulsory voting bill is not only misguided—it is potentially unconstitutional and counterproductive.
“Trust in the system is more important than turnout. You can’t force people to vote when the system itself doesn’t obey the law. That’s not democracy. That’s coercion.”
Until electoral offenders are punished, votes are protected, and courts enforce their own orders, the consensus among these lawyers is clear:
Fix credibility first. Then talk about compulsory participation.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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