Femi Falana Declares Compulsory Voting Bill Unconstitutional
A Senior Advocate of Nigeria, Femi Falana, has strongly criticized a proposed bill seeking to make voting compulsory in Nigeria, describing it as an unconstitutional development.
Bill Proposes Penalties for Non-Voters
The controversial legislation, sponsored by Speaker of the House of Representatives Abbas Tajudeen and Labour Party’s Daniel Asama Ago, proposes a six-month jail term or a fine of ₦100,000 for eligible voters who fail to participate in elections.
Falana’s Constitutional Objections
In a statement issued on Monday, Falana argued that the bill violates several provisions of the 1999 Constitution. He maintained that the legal foundation for mandatory voting is shaky, particularly because Chapter II of the constitution outlines non-justiciable Fundamental Objectives and Directive Principles of State Policy.
“The Speaker of the House of Representatives probably wants Nigeria to join Egypt as the only African country out of 23 globally with provisions for compulsory voting,” Falana stated.
Constitutional Rights at Stake
The human rights lawyer emphasized that the constitution protects fundamental rights including:
- Right to privacy (Section 37)
- Freedom of thought and conscience (Section 38)
- Freedom to register and vote (Sections 77(2), 135(5), and 178(5))
Falana added: “Citizens can be justifiably compelled to vote only if the socio-economic rights set out in Chapter II are made justiciable.”
Bill’s Stated Objectives
Proponents of the bill claim it aims to:
- Address low voter turnout
- Promote civic responsibility
- Transform voting from a personal choice into a legal obligation
However, Falana and other critics maintain that these goals cannot override constitutional protections of citizens’ fundamental rights.
Read more about legislative developments: House Of Reps Rejects Bill On Rotational Presidency Among Six Geopolitical Zones
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