- SERAP stressed that the right to vote also includes the right not to vote, adding that participation in elections must be voluntary.
- The body emphasized the importance of restoring public confidence in Nigeria’s electoral system as a crucial factor in promoting voter participation.
- SERAP urged the National Assembly to shift its focus towards implementing meaningful electoral reforms instead of penalizing voter apathy.
The Socio-Economic Rights and Accountability Project (SERAP) has taken a strong stance against a bill currently under consideration in the Nigerian legislature.
Eko Hot Blog reports that the proposed legislation aims to impose a six-month jail term, a ₦100,000 fine, or both on eligible Nigerians who abstain from voting in national and state elections.
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In a letter addressed to Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas, SERAP argued that 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,’ is oppressive and unconstitutional.
The organization urged lawmakers to withdraw the bill immediately.
According to SERAP’s Deputy Director Kolawole Oluwadare, voting is a fundamental right, not a legal obligation. 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 shift its focus towards implementing meaningful electoral reforms instead of penalizing voter apathy.
The organization highlighted several critical areas for reform, including:
1. Ending constitutional immunity for governors and their deputies who commit electoral offenses
2. Reducing the influence of money in politics to encourage genuine participation
3. Ensuring the independence of the Independent National Electoral Commission (INEC)
4. Prohibiting the appointment of partisan individuals as Resident Electoral Commissioners
5. Leveraging 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.
The body emphasized the importance of restoring public confidence in Nigeria’s electoral system as a crucial factor in promoting voter participation.
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Highlighting the need for a secure and inclusive electoral environment, the organization maintained that fostering trust in the democratic process is a more effective approach than imposing criminal penalties on non-voters.
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