SERAP Rejects Bill Seeking to Jail Nigerians For Not Voting
The Socio-Economic Rights and Accountability Project (SERAP) has strongly voiced its opposition to a proposed bill seeking to impose a six-month jail term or a ₦100,000 fine or both on eligible Nigerians who fail to vote in national and state elections.
In a letter addressed to Senate President Godswill Akpabio and House of Representatives Speaker, Tajudeen Abbas, SERAP described the bill as oppressive and unconstitutional, urging lawmakers to withdraw it immediately.
The bill, titled ‘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,’ seeks to criminalize voter apathy and make voting compulsory for all eligible Nigerians.
However, in a statement issued by its Deputy Director Kolawole Oluwadare, the group argued that voting is a fundamental right, not a legal obligation, and that penalizing citizens for abstaining from elections would violate Nigeria’s Constitution and international human rights obligations.
“Jailing eligible Nigerians for deciding not to vote would be entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution and the country’s international human rights obligations,” the statement read.
SERAP stressed that the right to vote also includes the right not to vote, adding that participation in elections must be voluntary.
“If the right to participation is a right of the citizen, she/he must be free to decide whether or not to exercise it,” the organization stated.
SERAP urged the National Assembly to focus on meaningful electoral reforms instead of penalizing voter apathy.
The organization emphasized the need to end constitutional immunity for governors and their deputies who commit electoral offenses, reduce the influence of money in politics to encourage genuine participation, ensure the independence of INEC, prohibiting the appointment of partisan individuals as Resident Electoral Commissioners, leverage technology to improve voter registration and secure the electoral process.
“The National Assembly ought to propose bills to reduce the influence of money in politics, and encourage, not compel, the exercise of the right to participation,” SERAP stated.
Warning of potential legal consequences, SERAP vowed to challenge the bill in court if it is passed and signed into law by President Bola Tinubu.
“Should the National Assembly fail to drop the bill prescribing a six-month jail term for eligible Nigerians who decide not to vote, and should any such bill be assented to by President Bola Tinubu, SERAP would consider appropriate legal action to challenge the legality of any such law and ensure they are never implemented,” the statement added.
The organization insisted that compulsory voting is impractical, unnecessary, and unconstitutional, emphasizing that democracy thrives when citizens participate voluntarily, not under threat of imprisonment.
“The idea of compulsory voting and jailing citizens for not voting is impracticable, unnecessary, and unlawful. Voters must get to choose how they exercise consent, not be forced to the polls like ‘cattle to the slaughter,’” SERAP stated.
SERAP concluded by urging the government to rebuild public confidence in Nigeria’s electoral system, arguing that citizens are more likely to vote when elections are credible, transparent, and free from violence.
The organization maintained that a safe and inclusive electoral environment is the best way to encourage voter participation, rather than resorting to coercion and criminal penalties.
