‘It’s draconian’ — Yiaga Africa rejects compulsory voting bill

Yiaga Africa says the proposed bill seeking to make voting compulsory in Nigeria is a “draconian” piece of legislation that infringes on constitutionally protected rights and democratic freedoms.

A statement issued on Thursday by Samson Itodo, executive director of Yiaga Africa, urged the national assembly to reject the bill, which has passed second reading in the house of representatives.

The bill, sponsored by Tajudeen Abbas, speaker of the house of representatives, proposes a six-month jail term for eligible voters who fail to participate in elections — an approach Yiaga Africa says is both punitive and counterproductive.

“Yiaga Africa unequivocally rejects the proposed bill under consideration in the national assembly seeking to introduce compulsory voting in Nigeria and prescribing a six-month jail term on eligible voters who refuse to vote at elections,” the statement reads.

“The said bill is conceived as a legislative intervention to address the abysmally low voter turnout.

“While the rationale for the bill is plausible because it aims to address one of the biggest challenges in Nigeria’s electoral system, the strong-arm approach adopted by the bill is draconian and it constitutes a gross violation of constitutionally guaranteed fundamental rights.”

Itodo said abstaining from voting is a legitimate form of political expression protected under domestic and international human rights laws.

He also noted that the bill fails to address the systemic issues behind Nigeria’s declining electoral participation.

“Voter turnout in Nigeria has fluctuated significantly over the years, reflecting a complex interplay of political and systemic factors that influence electoral participation,” the statement reads.

“In 1979, turnout stood at 34.6%, increasing slightly to 38.9% in 1983 and holding at 35% in 1993.

“A notable surge occurred in 1999 with a turnout of 52.3%, followed by a peak in 2003, when 69.1% of registered voters participated.

“However, this upward trend reversed in subsequent elections: 57.5% in 2007, 53.7% in 2011, 43.7% in 2015, 34.7% in 2019, and a historic low of 27.1% in 2023.”

Yiaga Africa recommended that lawmakers shift focus from punishment to electoral reform, including restoring public trust, ensuring election transparency, and removing barriers to participation.

The civil society organisation proposed alternative reforms such as the electronic transmission of results, diaspora and early voting, and a transparent process for appointing officials of the Independent National Electoral Commission (INEC).

“Democracy thrives on freedom, which includes the choice to participate or abstain from voting. Compulsory voting undermines this democratic freedom and the punitive sanctions for not voting erode the foundational principles of voluntary democratic engagement,” the statement added.

“Rather than compel voting, the national assembly should prioritise electoral reforms that rebuild public trust, improve election integrity, and remove structural and systemic barriers to participation.

“Yiaga Africa believes voter apathy isn’t addressed with imposing punishment for not voting. It can be addressed through trust, electoral justice, and accountability.

“We therefore urge the national assembly to reject the proposed bill and channel its legislative efforts towards passing electoral amendments that expand access to voting, guarantee electoral transparency, and protect the political rights of all Nigerians.”