SERAP To NASS: Reject Bill Seeking To Jail Citizens Who Fail To Vote

The Socio-Economic Rights and Accountability Project (SERAP) has asked the National Assembly to reject a proposed bill that aims to impose a six-month jail term or a fine of N100,000 on any Nigerian of voting age who fails to participate in national and state elections.

SERAP, which made the demand in an open letter addressed to the Senate President Godswill Akpabio and the Speaker of the House of Representatives Tajudeen Abbas, insisted that the bill is inconsistent with the 1999 Constitution and Nigeria’s international human rights obligations.

The civil society organisation also maintained that it is prepared to take appropriate legal action to challenge the legality of such a law and ensure its non-implementation.

SERAP further stated that instead of proposing punitive measures against citizens who choose not to vote, the lawmakers should focus on removing constitutional immunity for governors and their deputies who undermine electoral integrity through offences.

It stated that the legislators should amend the 1999 Constitution and the Electoral Act of 2022 to eliminate the constitutional immunity for state governors and their deputies who commit electoral offences, such as vote-buying.

This organisation also called on the National Assembly to amend the Nigerian Constitution and the Electoral Act to explicitly prohibit the appointment of members from any political party as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC).

In the letter dated March 29, 2025, signed by its Deputy Director Kolawole Oluwadare, SERAP stressed that the best way to address persistent voter apathy is to create a safe and conducive voting environment, combat the impunity of high-ranking politicians who commit electoral offences, and improve the electoral process to encourage citizens to vote rather than resorting to punitive measures.

The organisation claimed that compulsory voting and imprisoning citizens for not voting are impractical, unnecessary, and unlawful because the right to vote is part of citizens’ rights to participate in their government, and the decision to exercise that right is personal.

SERAP stated that democracy exists through the consent of the citizens; therefore, voters should choose how to express that consent rather than being forced to the polls like ‘cattle to slaughter.’

SERAP said, “The National Assembly should focus on proposing bills that diminish money’s influence in politics and promote voluntary participation.

“The proposed bill blatantly violates the right to political participation, which is guaranteed under Section 14(1)(c) of the Nigerian Constitution, Article 25 of the International Covenant on Civil and Political Rights, and Article 13 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory.

“SERAP also urges amending the Nigerian Constitution and the Electoral Act to include explicit provisions for internet voter registration and the use of modern technology in voting, counting, and reporting results.

“Amending the Nigerian Constitution and the Electoral Act to secure the right of eligible Nigerians to vote would enhance their political participation and strengthen representative democracy.

“This would help rebuild public confidence in the National Assembly’s ability to effectively perform its constitutional responsibilities.

“Any amendments to the Nigerian Constitution and the Electoral Act must address the punishment of governors, their deputies, and their agents for electoral offences, including voter suppression, intimidation, and the destruction or theft of election materials.

“The National Assembly must introduce and pass legislation that effectively holds politicians accountable for manipulating electoral rules to distort and undermine the democratic process,” SERAP stated.