Falana: Why Enforcing Mandatory Voting Could Breach The Constitution

Prominent human rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has denounced a legislative proposal mandating compulsory voting for Nigerians, calling it a violation of the 1999 Constitution.....KINDLY READ THE FULL STORY HERE▶

The controversial bill, sponsored by Speaker of the House of Representatives Tajudeen Abbas, proposes penalties—including a ₦100,000 fine or a six-month jail term—for eligible voters who fail to cast their ballots during elections.

Abbas argued that the initiative aims to combat voter apathy and promote civic responsibility by transforming voting from a voluntary civic right into a legal duty.

However, in a strongly worded statement on Monday, Falana opposed the bill, insisting it contravenes several constitutional provisions.

“I doubt the Speaker and his colleagues examined the relevant sections of the 1999 Constitution. If they had, they would have realised that compulsory voting contradicts sections 37, 38, 77(2), 135(5), and 178(5) of the Constitution,” Falana asserted.

He emphasized that these provisions safeguard the rights to privacy, freedom of thought and conscience, and allow citizens to choose whether or not to participate in elections.

Falana supported his stance by referencing the Supreme Court’s ruling in Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo (2001), where the court upheld the right of an individual to refuse medical treatment based on religious beliefs.

He cited the case of Mrs. Martha Okorie, a Jehovah’s Witness who died after refusing a blood transfusion. Although her doctor was initially sanctioned, the Supreme Court overturned the verdict, affirming the doctor’s respect for the patient’s constitutional rights.

Quoting the late Justice Emmanuel Ayoola, Falana noted: “The right to privacy includes protecting one’s beliefs and conscience from coercive interference, and the freedom not to act against one’s religious convictions.”

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