The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to withdraw a proposed bill that seeks to jail Nigerians for six months or fine them ₦100,000 for failing to vote in elections.
In a letter dated 29 March 2025 and signed by SERAP Deputy Director Kolawole Oluwadare, the organisation described the bill as oppressive and inconsistent with the Nigerian 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,” SERAP stated.
The bill, titled 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, prescribes penalties for those who fail to participate in elections.
SERAP argued that rather than coercing citizens into voting, lawmakers should focus on strengthening democracy by addressing electoral malpractices.
“Rather than proposing bills that would severely punish Nigerians who may decide not to exercise their right to vote, the National Assembly ought to propose bills to remove constitutional immunity for governors and their deputies who commit electoral offences and undermine the integrity of the electoral process.”
The organisation also called for amendments to the Constitution and the Electoral Act to explicitly prohibit political party members from being appointed as resident electoral commissioners (RECs) of the Independent National Electoral Commission (INEC).
According to SERAP, voter apathy stems from insecurity, electoral violence, and political corruption, not a lack of compulsory voting laws.
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“The most effective way to solve the perennial voter apathy is to create a safe and conducive environment, combat the impunity of high-ranking politicians who commit electoral offences, and generally improve the electoral process to encourage the citizens to come out to vote, and not to send them to jail.”
SERAP warned that it would 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 in national and state elections, 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.”
Describing the bill as unlawful and impractical, the organisation said, “The idea of compulsory voting and jailing citizens for not voting is impracticable, unnecessary and unlawful.
“The right to vote is part of citizens’ right to participate in their own government and the choice of whether to exercise it is personal. 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 also urged lawmakers to introduce reforms aimed at reducing money’s influence in politics, strengthening electoral laws, and ensuring transparency in governance.
It stressed that removing immunity for governors and their deputies who commit electoral crimes would be a significant step in tackling election fraud.
“The major problem facing the country’s democracy is the lack of respect for Nigerians’ right to participation and the concomitant lack of trust in election results. If citizens do not believe in the election process, then the entire system of democratic government becomes a questionable enterprise.”
The group maintained that Nigerians do not currently enjoy an explicit right to vote and vote securely, as the Constitution does not recognise it as an enforceable right. It called for amendments to correct this, ensuring elections reflect the people’s will through fair and transparent processes.