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Agbakoba, Falana Kicks Against Compulsory Voting Bill, Declares It Unconstitutional

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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.

A file photo of members of the House of Reps. Photo: X@HouseNGR

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.

 

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“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.”

International News

US Wants Justice In The killing Of Pastor Dachomo’s 9 Family Members 

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The United States has condemned the killing of members of the family of Plateau-based cleric, Rev. Ezekiel Dachomo, describing the attack as horrific and urging Nigerian authorities to ensure those responsible are brought to justice.

 

In a statement shared on X on Thursday, the US Department of State’s Bureau of African Affairs expressed condolences to the victims’ families and called for stronger measures to prevent further attacks on vulnerable communities across Nigeria’s Middle Belt.

“The United States strongly condemns the horrific killing of members of Rev. Ezekiel Dachomo’s family in Plateau State, Nigeria. The continued violence targeting Christian communities and other vulnerable populations in Nigeria’s Middle Belt is deeply alarming,” the bureau said

The US said it had already engaged Nigerian officials on the worsening security situation, stressing that urgent action was needed to curb recurring attacks and hold perpetrators accountable.

“As I discussed last week with Nigerian officials, we must do more to prevent violent acts. The perpetrators must be held accountable, and urgent action is needed to strengthen security and protect Christians and other vulnerable communities,” the statement added.

The bureau reaffirmed Washington’s commitment to working with the Nigerian government to combat terrorism and violent extremism, stressing that Christians and other Nigerians should be able to practise their faith without fear of violence.

The statement followed the July 12 attack on Kum community in Riyom Local Government Area of Plateau State, where nine members of Rev. Dachomo’s extended family, including a two-month-old baby, were killed.

According to the cleric, the attackers, believed to be armed Fulani militias, asked for him by name before opening fire on his relatives.

Dachomo, who serves as Regional Chairman of the Church of Christ in Nations (COCIN) in Barkin Ladi Local Government Area, said his family had repeatedly been targeted because of his outspoken criticism of the violence in Plateau State.

He recalled that his grandmother and an uncle were also killed in previous attacks, adding that days after burying his relatives, he received a written death threat from the same group, warning that he would be their next target.

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Graduation Ceremony Ban: Govt Threatens To Shut Erring Schools, Exempts SS3 Students

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The Anambra State Government has clarified that its indefinite ban on graduation ceremonies applies to all kindergarten, primary and secondary schools across the state, except for students completing Senior Secondary School (SS3).

 

The clarification was contained in a press statement issued on Friday by the Commissioner for Information and Value Reformation, Law Mefor, following what the government described as public enquiries and concerns over the directive.

According to the government, Governor Chukwuma Soludo ordered the suspension of graduation ceremonies to reduce the financial burden imposed on parents by schools.

“The essence is to reduce the financial burden on parents,” the commissioner said.

The government explained that the ban covers all forms of graduation-related events, including “passing out,” “cross over,” and any similar ceremonies organised by schools.

Mefor further stated that the directive applies to both public and private schools operating in Anambra State.

However, he noted that students graduating from Senior Secondary School (SS3) are exempted from the ban.

The commissioner stressed that graduation ceremonies for SS3 students remain optional and, where organised, must not involve any levies or financial demands on students or their parents.

“Graduation ceremonies for students exiting Senior Secondary School are optional and, where carried out, must be conducted without any form of levy or financial demand on students and parents,” he said.

The state government also warned that school proprietors and administrators who violate the directive would face severe consequences.

“Any school management found in violation of this directive will face serious sanctions, which may include the closure of such school,” Mefor stated.

The clarification followed widespread reactions after the state government announced the suspension of graduation ceremonies, with many parents and school owners seeking details on the categories of schools affected and whether any exceptions would be allowed.

Governor Chukwuma Soludo, in October 2025, banned graduation ceremonies and Christmas parties in schools across the state as part of efforts to reduce the financial burden on parents and guardians.

The governor said the policy was designed to make education more affordable and equitable for families while discouraging unnecessary expenses associated with school activities.

Expressing concern over what he described as avoidable financial pressure on parents, Soludo had also directed schools to discontinue the use of textbooks designed for pupils to write in.

“This is to owners and administrators of government, private, and mission schools in Anambra: we have set out some basic standards to ensure that the poor are not made to spend so much just because their children are in school.

“One of the measures includes discontinuing the use of textbooks designed for students to write in. This practice forces parents to buy new textbooks annually.

“Once a child finishes a class, he should be able to pass on his textbooks to his younger siblings,” the governor had said.

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Massive Gridlock As Multiple Accident Leave One Dead On Kara Bridge

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At least, one person has been confirmed dead leaving others with different categories of injury, following an early-morning multiple-car crash along the Kara Bridge, inward Mowe/Ibafo on the Lagos-Ibadan Expressway, which left hundreds of motorists stranded and grounded economic activities.

 

In a detailed report of the incident, the FRSC, Lagos Sector Command, said the first crash occurred at about 12:05 a.m. on the outbound carriageway towards Ibadan, involving five articulated trucks and one Toyota Sienna vehicle.

The FRSC report also said rescue and recovery operations were ongoing when another crash occurred at the inbound carriageway towards Lagos involving a commercial bus.
It added that Lagos State Traffic Management Agency LASTMA officials, FRSC officials, officials of the Lagos State Emergency Management Agency LASEMA, and police operatives were on the ground to manage the situation. Tow trucks were also present as officials continued recovery operations.

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