Dr. M.O. Ubani, SAN, a leading legal and political analyst, has robustly defended the proposed compulsory voting legislation in Nigeria, countering criticisms from Sylvester Udemezue in a statement titled “Challenging the Legitimacy of Compulsory Voting in a Flawed Democracy – A Response to Sylvester Udemezue’s Rejoinder.” Ubani argues that mandating civic participation is a vital step to combat voter apathy and strengthen Nigeria’s fragile democracy, even amidst institutional challenges.
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Addressing Udemezue’s claim that the bill is “ill-conceived” given Nigeria’s flawed electoral system, Ubani acknowledged issues like INEC’s inconsistencies and judicial lapses but insisted that no democracy achieves perfection before enforcing civic duties. “Voter apathy has plagued every election cycle, irrespective of the system’s integrity,” he stated, emphasizing that compulsory voting could bridge the gap between citizens and governance. “Citizens become more invested in reforming what they actively engage in, not what they passively boycott,” he added, citing the coexistence of apathy and institutional betrayal as dual threats.
Ubani refuted the notion that voter abstention stems solely from betrayal, pointing to widespread disinterest and cynicism among unregistered citizens. Drawing parallels with tax laws enforced despite imperfect governance, he argued, “Just as the state doesn’t wait for taxpayers to trust the government fully, neither should it postpone civic engagement laws until institutions attain perfection.” He stressed that participation, even in flawed systems, generates pressure for reform, quoting Justice Learned Hand: “Liberty lies in the hearts of men and women; when it dies there, no law can save it.”
On electoral violence, Ubani conceded its gravity but maintained that disengagement is not the solution. He invoked Section 14(2)(b) of the 1999 Constitution, which prioritizes citizens’ security, and called for police accountability and voter protection alongside compulsory voting. “Many Nigerians face insecurity daily yet fulfill civic duties. Why should voting be the exception?” he asked, citing Australia’s experience where compulsory voting boosted participation and, over time, trust in institutions.
Ubani defended the bill’s constitutionality, noting that Section 77(2) guarantees voting rights but does not preclude laws regulating civic conduct under Section 4(2) for “peace, order, and good governance.” He likened voting to mandatory taxation and education, arguing that a minimal fine with exemptions for illness or displacement is proportionate to democracy’s needs. “Abstention, when habitual, weakens representative government,” he warned.
To address marginalization, Ubani proposed voter education, access for displaced persons and those with disabilities, and minority protections. “Encouraging marginalized voices to vote ensures inclusion, not exclusion,” he said, rejecting Udemezue’s call for reform before compulsion. “Reform and compulsion are not mutually exclusive. They are complementary,” he asserted, highlighting the high cost of abstention: poor leadership and unaccountable governance.
Concluding, Ubani praised Udemezue’s commitment to democratic values but urged a shift from demanding perfect institutions to fostering civic duty. “Compulsory voting, with safeguards and exemptions, is not tyranny. It is a democratic catalyst,” he stated, envisioning a future where participation is a “badge of shared sovereignty.” He called for restoring dignity to the ballot through universal engagement, followed by efforts to ensure every vote counts. “It is a continuous process,” he noted, signing off with a call for peace: “Udo!”
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