BREAKING: SERAP Opposes Proposed Bill To Jail Nigerians For Not Voting

The Socio-Economic Rights and Accountability Project (SERAP) has vehemently opposed a bill seeking to impose a six-month jail term or a fine of ₦100,000, or both, on eligible Nigerians who fail to vote in national and state elections.

The organization has called for immediate action from Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas to withdraw the controversial bill, describing it as “oppressive” and a violation of fundamental rights.

In a letter dated March 29, 2025, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organization expressed its concerns about the proposed legislation, which it claims infringes on citizens’ rights under both the Nigerian Constitution and international human rights laws.

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 make voting compulsory for all eligible Nigerians.

In its letter, SERAP stated that the proposed punishment for not voting, including the threat of imprisonment or fines, would be “entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution” and would violate Nigeria’s 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 letter stated.

The organization emphasized that while voting is a fundamental right, it should not be compulsory. “The right to vote includes the right not to vote.

If the right to participation is a right of the citizen, she/he must be free to decide whether or not to exercise it,” SERAP argued.

SERAP rejected the idea of criminalizing voter apathy and urged the National Assembly to prioritize meaningful electoral reforms that would enhance Nigeria’s democracy.

Specifically, the organization advocated for the removal of constitutional immunity for state governors and their deputies who commit electoral offenses.

“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 in its letter.

The group further called for reforms aimed at improving the independence of the Independent National Electoral Commission (INEC), including explicitly prohibiting the appointment of partisan individuals as Resident Electoral Commissioners.

Additionally, SERAP emphasized the need for technological advancements in voter registration and secure voting mechanisms to ensure the integrity of the electoral process.

SERAP warned of potential legal action should the bill be passed into law and signed by President Bola Tinubu. The organization stated that if the bill is enacted, it will consider taking legal action to challenge its legality in court and prevent its implementation.

“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 letter stated.

In its concluding remarks, SERAP reiterated its stance that compulsory voting is impractical, unnecessary, and unlawful. The group argued that effective participation in democracy should be voluntary and that forcing citizens to vote would undermine the very essence of democratic participation.

“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 added.

The organization also called for the rebuilding of public trust in elections, emphasizing that citizens are more likely to participate effectively in a democracy when they have confidence in the process and when the electoral environment is safe and conducive for all.