SERAP Urges National Assembly to Drop Bill Criminalizing Non-Voting

The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to withdraw a proposed bill that seeks to impose penalties on eligible Nigerians who fail to vote in elections.

The controversial bill, currently under consideration in the National Assembly, proposes amending the Electoral Act 2022 to make voting mandatory. Under its provisions, citizens who fail to vote in national and state elections could face a six-month jail term, a fine of N100,000, or both.

In a letter dated March 29, 2025, and signed by its deputy director, Kolawole Oluwadare, SERAP described the bill as repressive, arguing that it contradicts both the Nigerian Constitution and international human rights obligations. The organization emphasized that voting is a fundamental right, not a legal obligation, and that penalizing non-voters undermines democratic principles.

SERAP urged lawmakers to prioritize electoral reforms that address deeper issues affecting voter turnout. The organization proposed amending the Nigerian Constitution and the Electoral Act to remove immunity for governors and their deputies who commit electoral offenses, including vote-buying and voter suppression. It also called for explicit legal provisions prohibiting the appointment of partisan individuals as Resident Electoral Commissioners (RECs) for the Independent National Electoral Commission (INEC).

The organization further argued that tackling voter apathy requires creating a secure and transparent electoral environment rather than criminalizing citizens’ decisions. It warned that if the National Assembly proceeds with the bill and it is signed into law, SERAP would consider legal action to challenge its constitutionality.

Highlighting the broader implications of the proposed legislation, SERAP stated that democracy thrives on voluntary participation, not coercion. The right to vote, it asserted, also includes the right to abstain. Instead of forcing citizens to the polls, lawmakers should focus on reducing the influence of money in politics, preventing electoral malpractice, and ensuring free and fair elections.

Godswill Akpabio and Tajudeen Abbas

SERAP also recommended modernizing Nigeria’s electoral process by introducing mandatory provisions for internet voter registration and leveraging technology to enhance election transparency. Strengthening voter rights, the organization argued, would not only boost public confidence in elections but also reinforce democracy by making the right to vote a legally enforceable human right.

The organization concluded by urging the National Assembly to shift its focus towards meaningful electoral reforms that hold political actors accountable for electoral misconduct rather than penalizing ordinary citizens for their choices.