SERAP demands withdrawal of bill proposing jail for Nigerians who don’t vote

• Published On: 30 March 2025 at 16:13

The Socio-Economic Rights and Accountability Project has urged Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas to withdraw a bill that would impose a six-month jail term or a ₦100,000 fine on eligible Nigerians who do not vote in national and state elections.

In a letter dated March 29, 2025, signed by SERAP's Deputy Director, Kolawole Oluwadare, the organisation described the proposed legislation as "oppressive" and a violation of citizens' rights under the Nigerian Constitution and international human rights law.

"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 note read.

This is explained in a Sunday press release shared with PUNCH Online.

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,' proposes that all eligible Nigerians vote.

SERAP claimed that the measure violates citizens' right to choose whether or not to participate in elections.

"The right to vote encompasses the right not to vote. If a citizen has the right to participate, she or he must have the freedom to choose whether or not to exercise it, according to SERAP.

Rather than criminalising voter apathy, SERAP urged the National Assembly to prioritise electoral reforms, such as removing constitutional immunity from state governors and deputies who commit electoral offences.

"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," according to SERAP.

The organisation emphasised the importance of explicitly prohibiting the appointment of partisan individuals as Resident Electoral Commissioners in the Independent National Electoral Commission.

It also advocated for technological improvements to voter registration and voting mechanisms.

SERAP warned of legal action if the bill became law.

"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 document stated.

SERAP emphasised the importance of voluntary participation in democracy, stating that "the idea of compulsory voting and imprisoning citizens for not voting is impracticable, unnecessary, and illegal.

"Voters must get to choose how they exercise consent, not be forced to the polls like 'cattle to the slaughter.'"

The group also emphasised the importance of rebuilding public trust in elections, claiming that effective participation and confidence in the process are dependent on creating a safe and conducive electoral environment.