SERAP Condemns Bill to Jail Nigerians for Not Voting, Urges Electoral Reforms

The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to withdraw a proposed bill that seeks to impose a six-month jail term and/or a fine of N100,000 on Nigerians who fail to vote in national and state elections.

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’, is currently before the National Assembly and has drawn widespread criticism.

In a letter dated March 29, 2025, and signed by SERAP’s deputy director, Kolawole Oluwadare, the organization described the bill as oppressive and inconsistent with democratic principles.

“Jailing eligible Nigerians for deciding not to vote would be entirely incompatible with the spirit of the Nigerian Constitution and international human rights standards,” the letter stated.

Rather than criminalizing voter apathy, SERAP urged lawmakers to focus on electoral reforms that would:

Remove constitutional immunity for state governors and their deputies who engage in electoral malpractice, including vote-buying.

Prohibit political party members from being appointed as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC).

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Implement online voter registration and modern technology for voting, counting, and reporting election results.

Legal and electoral experts have also condemned the bill, arguing that compulsory voting undermines individual freedoms.

Constitutional lawyer, Dr. Sam Adewale, stated: “The right to vote includes the right not to vote. Democracy is about free choice, not coercion. Instead of punishing voters, the government should address the real issues—electoral violence, vote-buying, and lack of trust in the system.”

Similarly, political analyst Dr. Ngozi Ibekwe noted: “The National Assembly should focus on eliminating the influence of money in politics and ensuring credible elections rather than threatening citizens with imprisonment.”

SERAP has warned that if the National Assembly proceeds with the bill and it is signed into law by President Bola Tinubu, the organization will take legal action to challenge its validity.

“If citizens do not believe in the election process, then democracy itself is at risk. The focus should be on creating free, fair, and credible elections, not penalizing those who choose not to participate,” the letter stated.

The call for reforms comes amid concerns over voter suppression, election-related violence, and lack of public trust in Nigeria’s electoral process. SERAP maintains that instead of punitive measures, lawmakers should work toward electoral integrity and political accountability.