By OBSERVERS TIMES.
Prominent human rights lawyer and Senior Advocate of Nigeria (SAN), Olisa Agbakoba, has strongly criticized the proposed bill aiming to make voting mandatory for all eligible Nigerians in national and state elections. Agbakoba stated emphatically that he would rather face imprisonment than comply with such a law, arguing that it fails to address the underlying issues causing voter apathy.
Speaking on Channels Television’s “Politics Today,” Agbakoba condemned the National Assembly’s initiative. “Look at the ridiculous one in the National Assembly about voting being compulsory. If that bill were to pass, I would say, ‘Agbakoba, we will not obey it.’ I’ll plead conscientious objection. I’d rather go to prison for six months than to obey it,” he asserted.
He questioned the logic behind the bill, asking why the National Assembly isn’t instead investigating the reasons behind voter disinterest. “Why would the National Assembly want to impose compulsory voting? Why don’t they reverse the question and say, Why are Nigerians not interested? What is the apathy about?”
Agbakoba attributes voter apathy to years of exclusion and broken promises by politicians, not a lack of civic responsibility. “The apathy is that they don’t get anything. If I know that I’m going to get something—there’s an aspiration, there’s an interest—you will find people coming out to vote. But then people see the same old trick. You come, you take my vote, you disappear till the next four years. There’ll be apathy,” he explained.
He highlighted exclusion as a key problem within Nigeria’s democratic system. “Right now, we have a big problem with having a system that excludes. I think you will find the biggest problem we have in Nigeria is around exclusion. People are not taking part in the process,” he stated.
Looking ahead to the 2027 elections, Agbakoba voiced concerns about politicians prioritizing coalitions and defections over the welfare of Nigerians. “Suddenly, you have a big issue of coalitions and defections. Why? I have not heard many politicians talk about people—about the welfare of Nigerians, about their suffering, about their inadequate opportunities. I have not heard that,” he said. “All I hear politicians do is, every four years, they jump up; they become active. Once they get power, they disappear. So for all these reasons, I think we need to look for a new model.”
Agbakoba reiterated that poor leadership is a significant contributor to low voter turnout. “We’ve had some good leaders, I must confess. But generally speaking, the leadership quality has been very poor. And the leadership quality has not led Nigerians to where they want to be,” he noted. “That’s why I refer to the fact that we have voter apathy and disinterest. So, unless we ask ourselves and interrogate the issue behind this lack of interest in voting, we will not get it right.”
Mandatory Voting Bill Sparks Controversy
The “Bill for an Act to Amend the Electoral Act, 2002,” which aims to make voting mandatory, has passed its second reading in the House of Representatives. Sponsored by Speaker Tajudeen Abbas and Labour Party lawmaker Daniel Asama Ago, the bill’s supporters argue that it would combat voter apathy and reduce vote-buying, citing successful implementation in countries like Australia. Deputy Speaker Benjamin Kalu has also endorsed the bill.
However, the proposal faces strong opposition, including from fellow SAN Femi Falana, who deemed it unconstitutional and impractical. Falana argued that the bill contradicts constitutional provisions safeguarding rights to privacy, freedom of thought, and freedom of conscience. “It is doubtful whether the Speaker and his colleagues have paid sufficient attention to the relevant provisions of the Constitution. Otherwise, they would have realised that compulsory voting is constitutionally invalid in every material particular on the ground that it is inconsistent with Sections 37, 38, 77(2), 135(5), and 178(5) of the Constitution,” Falana stated in a recent statement. He also warned that compulsory voting would be unenforceable, given the potential for mass boycotts due to dissatisfaction with governance.
