SERAP Stands Firm Against Controversial Bill Penalizing Nigerians For Not Voting

Scope 30 Mar 2025

SERAP Takes a Stand Against Compulsory Voting Legislation

Listen up, folks. The Socio-Economic Rights and Accountability Project (SERAP) is making waves in the fight against a controversial bill that seeks to impose hefty penalties on Nigerians who don’t vote in national and state elections. Imagine this: a six-month jail term, a fine of ₦100,000, or both, just for choosing not to cast your ballot. That’s the reality this bill is pushing for, and SERAP isn’t having it. They’ve urged Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas to immediately withdraw the legislation, calling it “oppressive” and a blatant violation of fundamental rights.

SERAP Fires Off a Letter to Top Lawmakers

On March 29, 2025, SERAP’s Deputy Director, Kolawole Oluwadare, sent a strongly worded letter to the National Assembly. In it, SERAP voiced serious concerns about the bill, arguing that it tramples on citizens’ rights as enshrined in the Nigerian Constitution and international human rights laws. The proposed legislation, titled ‘Bill for an Act to Amend the Electoral Act 2022,’ aims to make voting mandatory for all eligible Nigerians. But here’s the kicker: SERAP argues that forcing people to vote isn’t just wrong—it’s unconstitutional.

The Constitution vs. Compulsory Voting

According to SERAP, the bill’s proposed punishments—jail time or hefty fines for not voting—are completely out of sync with the Nigerian Constitution. They claim that such measures would violate Nigeria’s international human rights obligations. In the letter, SERAP emphasized, “Jailing eligible Nigerians for deciding not to vote would be entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution.” It’s a bold statement, and it’s one that demands attention.

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Here’s the thing: voting is a fundamental right, but it shouldn’t be mandatory. SERAP points out that the right to vote includes the right not to vote. That’s right—citizens should have the freedom to choose whether or not they want to participate in elections. As SERAP put it, “If the right to participation is a right of the citizen, she/he must be free to decide whether or not to exercise it.” It’s a simple concept, but one that’s being ignored by this controversial bill.

Rejecting Voter Apathy Criminalization

SERAP isn’t just against the idea of compulsory voting—they’re also pushing for meaningful electoral reforms that can strengthen Nigeria’s democracy. Instead of penalizing citizens for not voting, the organization believes the National Assembly should focus on reducing the influence of money in politics and encouraging voluntary participation. SERAP even went so far as to suggest removing constitutional immunity for state governors and their deputies who engage in electoral offenses. That’s a bold move, but it highlights the seriousness of their stance.

In addition to these proposals, SERAP is advocating for reforms that would enhance the independence of the Independent National Electoral Commission (INEC). They’re calling for measures to ensure that Resident Electoral Commissioners aren’t partisan individuals, which would help maintain the integrity of the electoral process. And let’s not forget about technology—SERAP believes that modernizing voter registration and voting mechanisms is crucial for ensuring secure and fair elections.

A Warning Shot Across the Bow

SERAP isn’t just talking the talk—they’re ready to walk the walk. The organization has warned that if the bill becomes law and is signed by President Bola Tinubu, they’ll consider taking legal action. In the letter, SERAP stated, “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.” It’s a clear message: they’re not backing down without a fight.

Why Compulsory Voting Doesn’t Work

In closing, SERAP reiterated its position that compulsory voting is impractical, unnecessary, and unlawful. They argue that forcing citizens to vote undermines the very essence of democracy. As they put it, “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.’” It’s a powerful analogy that drives their point home.

SERAP also stressed the importance of rebuilding public trust in elections. For citizens to actively participate in democracy, they need to feel confident in the electoral process. That means creating a safe and conducive environment for everyone. Only then will Nigerians truly embrace their role in shaping the future of their country.