The Socio-Economic Rights and Accountability Project (SERAP) has called on Speaker of the House of Representatives Tajudeen Abbas and Senate President Godswill Akpabio to immediately revoke a measure that would mandate Nigerians to vote.
The proposed legislation, named “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,” stipulates that eligible voters who do not cast ballots will face a six-month jail sentence, a fine of 100,000, or both. In a letter dated March 29, 2025, signed by its Deputy Director, Kolawole Oluwadare, SERAP called the proposed legislation oppressive and claimed it violated fundamental rights.
“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 letter read.
Instead of penalising non-voters, SERAP recommended that lawmakers concentrate on election changes that increase participation.
“Rather than proposing bills that would severely punish Nigerians who may decide not to exercise their right to vote, the National Assembly ought to propose bills to remove constitutional immunity for governors and their deputies who commit electoral offences and undermine the integrity of the electoral process,” SERAP stated.
The organisation also maintained that requiring voting erodes democracy.
“The right to vote includes the right not to vote. If the right to participation is a right of the citizen, he/she must be free to decide whether or not to exercise it,” the letter added.
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SERAP believes that rather than criminalising non-voters, Nigeria’s ongoing voter apathy should be addressed by addressing electoral irregularities and insecurity.
“The most effective way to solve the perennial voter apathy is to create a safe and conducive environment, combat the impunity of high-ranking politicians who commit electoral offences, and generally improve the electoral process to encourage citizens to come out to vote, not to send them to jail,” it said.
The group warned that it would take legal action if the bill is passed.
“Should the National Assembly fail to drop the bill prescribing a six-month jail term for eligible Nigerians who decide not to vote in national and state elections, 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 it is never implemented,” the letter stated.
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SERAP also called for additional electoral reforms, including an explicit ban on appointing partisan individuals as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC) and the introduction of modern technology in voter registration and election processes.
“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,” the organisation added.
