News
Agbakoba, Falana Kicks Against Compulsory Voting Bill, Declares It Unconstitutional
Human rights lawyers and Senior Advocate of Nigeria, Femi Falana, and Olisa Agbakoba have strongly opposed the proposed bill to make voting compulsory in Nigeria, Falana declared it “unconstitutional” and “impractical” under the current legal framework while Agbakoba, said that he would rather be jailed than comply with such a law.
The bill, co-sponsored by the Speaker of the House of Representatives, Tajudeen Abbas, and Labour Party lawmaker Daniel Asama Ago, seeks to amend the Electoral Act to make voting mandatory for all Nigerians of voting age in national and state elections. It proposes a six-month jail term or a fine of ₦100,000 for eligible citizens who fail to vote.
During the plenary on Thursday, Ago, who represents Bassa/Jos North, argued that the bill aims to curb voter apathy and reduce vote-buying. Deputy Speaker Benjamin Kalu supported the bill, citing Australia as a model where compulsory voting has reportedly enhanced civic responsibility.
However, Falana, in a statement issued on Monday titled ‘Compulsory Voting is Not Enough’, faulted the legislative move on constitutional grounds.
He said the bill is inconsistent with several provisions of the 1999 Constitution, which guarantee citizens’ rights to privacy, freedom of thought, and freedom of conscience.
“The Speaker of the House of Representatives probably wants Nigeria to join Egypt—the only African country out of 23 globally with provisions for compulsory voting.
“The said constitutional provisions protect the fundamental rights of the Nigerian people to privacy, freedom of thought and conscience, as well as the freedom to register and vote in national and state elections conducted in Nigeria.
“However, 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 the 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,” he stated.
‘Impractical To Prosecute Nigerians’
He argued that the legal foundation for mandatory voting is shaky since Chapter II of the constitution outlines the Fundamental Objectives and Directive Principles of State Policy, which remain non-justiciable.
“Compulsory voting cannot be legalised in vacuo. Apart from the possibility that it may be declared illegal under the current political dispensation, it is practically impossible to prosecute millions of Nigerians who may decide to boycott national and local elections that have been reduced to the periodic renewal of misgovernance, corruption, and abuse of power by pampered members of the political class,” Falana warned.
“Since Section 14(2) of the Constitution provides for popular participation in the democratic process, compulsory voting may only be justified if Chapter II thereof is made justiciable,” he said.
Falana criticised Nigerian courts for dismissing the enforceability of Chapter II without considering Section 224 of the Constitution, which mandates political parties to align their programmes and policies with the principles in that chapter.
“Nigerian courts have never considered Section 224, which states that ‘the programme, as well as the aims and objects of a political party, shall conform with the provisions of Chapter II of this Constitution,’” he said.
He also cited sections of the constitution which require public officeholders to swear to uphold the Constitution, including the directive principles in Chapter II.
Falana maintained that both political parties and officeholders are legally bound to respect the socio-economic rights of citizens.
“Each of these public officers is mandatorily required to swear or affirm to ‘strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria.
“The point I am struggling to make is that by the combined effect of the relevant provisions of the Constitution, all political parties and members of the executive and legislature are under a legal obligation to comply with the provisions of the Fundamental Objectives and Directive Principles of State Policy enshrined in Chapter II,” he said.
He further invoked Article 13(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, which guarantees citizens the right to participate in government.
“Citizens can be justifiably compelled to vote only if the socio-economic rights set out in Chapter II are made justiciable,” Falana added.
‘Review Bill, Tilt To Electoral Act’
Citing several precedents, Falana stressed that compulsory voting violates both legal and moral boundaries. “The National Assembly is advised to review the controversial bill without any further delay,” he stated.
The SAN also criticised the lack of constitutional backing for electronic election devices such as BVAS and IReV, despite their role in improving electoral credibility. “The Supreme Court has ruled that the use of these devices is not yet recognised under the Electoral Act or the Constitution,” he stated.
According to Falana, the legislative focus should shift toward amending the Electoral Act to formally integrate technological innovations like BVAS and to adopt key recommendations from the Uwais Electoral Reform Panel.
These include unbundling INEC, introducing proportional representation, concluding election petitions before the swearing-in of winners, and establishing an electoral offences commission.
He stated that unless Chapter II of the Constitution—containing the Fundamental Objectives and Directive Principles of State Policy—is made justiciable, enforcing compulsory voting would remain a legal contradiction.
“Having regard to the state of the law, compulsory voting cannot be legalised in vacuo,” the lawyer declared.
Falana referenced Nwali v Ebonyi State Independent Electoral Commission & Ors (2014), where the Court of Appeal ruled that open ballot voting violated the right to privacy.
Case References
The senior lawyer also cited Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo (2001), where the Supreme Court upheld the right to freedom of thought and conscience, emphasizing that individuals cannot be coerced into actions that conflict with their beliefs.
Falana noted that in the case, the court reversed a disciplinary sanction on a doctor who had respected a patient’s religious refusal of blood transfusion, stressing that coercion undermines constitutional rights.
Further highlighting judicial positions, he pointed to Incorporated Trustees of Digital Rights Lawyers Initiative & Ors v National Identity Management Commission (2020), where a judge ruled that the right to privacy extends beyond physical spaces to personal data and decisions.
On religious freedoms, he cited the 2022 Supreme Court decision in Lagos State Govt & Ors v Asiyat AbdulKareem, which upheld Muslim students’ right to wear the hijab in public schools, reaffirming that religious expression is constitutionally protected.
Agbakoba condemned the National Assembly’s attempt to enforce compulsory voting, arguing that it fails to address the root causes of voter apathy in the country.
“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 said.
He questioned the rationale behind the bill, stating, “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?”
Exclusion, Unfulfilled Promises
Agbakoba maintained that voter disengagement stems from years of exclusion and unfulfilled political promises, 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 said.
According to the senior lawyer, exclusion is at the heart of Nigeria’s democratic failure.
“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. That, I think, is the biggest problem—around exclusion. People are not taking part in the process,” he noted.
Looking ahead to the 2027 general elections, he stated that he has noticed a troubling pattern, warning that democracy in Nigeria cannot succeed if it continues to serve only a select elite.
“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.
“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 stated.
Pressed on whether the real issue is the attractiveness of public office and the consistent failure of leadership, Agbakoba reiterated that Nigeria’s political failure is the core reason behind low voter turnout.
He said, “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.
“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, wewill will not get it right.
.
“I can tell you that the reason why Nigerians are not interested is because they don’t see anything. You should take a trip around Nigeria. Lagos is not Nigeria, by the way, because some people who live here, like us, think that.”
News
Landlord Arraigned For Setting Tenant’s Property On Fire
An 18-year-old landlord, Similoluwa Akande, has been arraigned before an Akungba-Akoko Magistrate’s Court in Ondo State for allegedly setting fire to a tenant’s belongings valued at N898,000.
Akande was docked on a four-count charge bordering on felony following the incident, which reportedly occurred on August 19, 2026, at Okusa in Akungba-Akoko.
According to the police prosecutor, Olasunkanmi Boboye, the defendant allegedly set ablaze property belonging to his tenant, Aseluwa Ezekiel.
The items destroyed included a bed, bed frame, clothes, carpet, gas cylinder, travelling box, shoes, curtains, rods and cash.
The prosecutor told the court that the burnt items were valued at N898,000, while some official documents were also reportedly destroyed in the fire.
Boboye said the alleged offences contravened Section 249(D) of the Criminal Code, Cap. 37, Vol. 1, Laws of Ondo State of Nigeria, 2006.
The defendant pleaded not guilty to the charges when they were read to him.
He was not represented by legal counsel and informed the court that he had health challenges.
Presiding Magistrate Kolapo Kolawole granted the defendant bail in the sum of N500,000 and adjourned the matter until September 9, 2026, for hearing.
News
Stop Giving Motorcycles As Palliatives, Defence Minister Tells Governors
The Minister of Defence, Gen. Christopher Musa (retd.), on Thursday said terrorists are using motorcycles given to Nigerians as palliatives to wreak havoc across the country.
He, however, advised the state governors and lawmakers to stop giving motorcycles as palliatives, arguing that some of the motorcycles eventually end up in the hands of terrorists to facilitate and enhance their nefarious activities.
Musa, who stated this when he appeared on Channels Television’s Politics Today, said efforts are being made to curb terrorism and the operational challenges confronting the country’s security forces.
“We try to appeal to even governors to stop giving motorcycles out as palliatives. Because these motorcycles are the same ones that still end up with these terrorist
“Even if you have to give, don’t give them the big capacity motorcycles; give them the small capacity ones that they won’t be able to use to run around, because that gives them leverage. They can easily enter and then disappear,” he said.
The minister also warned that motorcycles distributed through constituency projects and other palliative programmes by lawmakers could find their way back to bandits and terrorists.
“Those bikes… before you know it, they’re already back to the bandits, and that’s what they’re using. So we must stop that,” he said.
According to him, security agencies had identified illegal markets and motor parks as channels through which terrorists move arms and ammunition into areas where they operate.
“What we realise from experience is they establish illegal markets or illicit motor parks. They go to those motor parks; that’s where they move arms and ammunition into those areas,” he added.
The defence minister also called for greater involvement of local governments in tackling insecurity, saying their proximity to communities gives them an advantage in identifying criminals and preventing crime.
“We must allow our local governments to work. Failure of local government is what is aggravating what we’re dealing with, and if we want a better solution, a quick fix, our local governments must work.
“Crime and development are local. If every local government chairman is dealing with criminals within his locality, it’s easier to manage them than leaving it to the state or to the federal,” he said.
Musa said local government chairmen should hold regular security meetings and report developments in their areas.
He further urged state and local authorities to strengthen monitoring of markets, motor parks and other locations through which drugs, weapons and ammunition could be moved.
“If we’re able to make sure that we man all the markets, all the motor parks, all these areas where drugs, weapons, ammunition move, it will make it difficult for them,” he added.
News
About 50 Inmates Have Been On Awaiting Trial For 10 Years In Akwa Ibom –Report
At least 49 inmates at the Medium Security Correctional Centre in Eket, Akwa Ibom State, have reportedly spent more than a decade awaiting trial, exposing the human cost of prolonged detention and delays in Nigeria’s criminal justice system.
Sources inside the facility disclosed the figure during an inspection of the centre on September 2, 2026.
According to the sources, some of the inmates have spent more than 10 years in custody without their cases being concluded, while others allegedly face difficulties because their case files are unavailable.
Some inmates were reportedly arrested over relatively minor offences, while sources also alleged that others were detained in connection with activism.
The prolonged detention means that people who have not been convicted of the offences for which they were arrested have spent years behind bars.
The situation is particularly troubling because the Nigerian Constitution guarantees the right to a fair hearing within a reasonable time.
The problem is not entirely new at Eket.
In 2023, the Akwa Ibom Chief Judge released six inmates from the facility after finding that they had spent between two and three years in custody without case files to charge them to court.
In March 2026, another eight inmates were released from Eket during a jail-delivery exercise conducted by the state Chief Judge, with the judiciary citing compassionate grounds and want of prosecution.
The Chief Judge has repeatedly raised concerns about prolonged detention.
In March, Justice Ekaete Fabian-Obot said it was unconstitutional to keep suspects in custody for prolonged periods without trial.
The problem is compounded by the centre’s transportation crisis.
Transport
The Officer-in-Charge, Chief Superintendent of Corrections Samuel Bassey, recently said over 40 awaiting-trial inmates were unable to attend court because the centre had no functional vehicles.
The revelation was made on Tuesday, September 1, when a forum of Eket Federal Constituency media professionals (EFCMP), led by its Chairman, Comrade Enobong Nsimah, visited the facility to assess its condition and explore ways of providing pro bono legal assistance to inmates without legal representation.
Akwa
He said some inmates transferred to the facility from Nsit Ubium Local Government Area as far back as 2023 had never appeared in court because of the transportation problem.
“About 46 inmates are unable to appear in court. It is difficult to take the inmates to court without having operational vehicles,” Bassey said.
According to him, more than 40 inmates on the awaiting-trial list have remained at the centre because there is no functional escort van or other vehicle to transport them to court. He also disclosed that the roofs of the sections housing inmates had deteriorated badly and leaked heavily whenever it rained, leaving the inmates soaked.
In 2025, the Chief Judge released inmates across the state’s correctional facilities on grounds including excessive remand periods, lack of diligent prosecution, missing case files, health conditions and compassionate considerations. The judiciary said some inmates had already spent longer in custody than the maximum sentence they might have received if convicted.
-
Health & Wellness1 year agoPresident Tinubu Directs Cut in Dialysis Cost from ₦50,000 to ₦12,000
-
News1 year agoPICTURE: In Lagos Couple Sentenced to 22½ Years for Cannabis Trafficking
-
Business5 months agoDangote Refinery Reduces Petrol Gantry Price To ₦1,200 Per Litre
-
Trending News1 year agoNELFUND Disburses ₦86bn To 449,000 Beneficiaries
-
Business2 years agoHeritage Bank Customers’ Path to Securing ₦5m Insured Funds: A Step-By-Step Guide by NDIC”
-
Business2 years ago
Dangote; We Did Not Fix ₦600/Litre Petrol Price
-
International News5 months agoIndian Police Arrest Nigerian Over ₦290m Drug Haul
-
Business5 months agoAfter Plea Bargain, Court Discharges Stella Oduah of ₦2.5bn Fraud
