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
I Am Not Afraid Of Sack- Super Falcons Coach
Super Falcons head coach Justine Madugu says he is not afraid of losing his job despite mounting pressure following Nigeria’s failure to qualify for the 2027 FIFA Women’s World Cup.
Madugu’s future has come under intense scrutiny after the Super Falcons suffered a 2-1 defeat to South Africa in the decisive CAF play-off in Morocco.
The loss ended Nigeria’s remarkable record of qualifying for every edition of the FIFA Women’s World Cup since the tournament began in 1991.
For the first time since 1991, Nigeria will miss the Women’s World Cup.
The pressure on Madugu intensified after the Super Falcons failed to secure automatic World Cup qualification at the WAFCON.
With calls growing for the Nigeria Football Federation (NFF) to make changes to the technical setup, Madugu insists he is prepared to accept whatever decision the football authorities make.
The coach said representing Nigeria has been a privilege and that he has no fear of being relieved of his position.
“I am not afraid of being sacked. To the glory of God, I have served my country. It was a privilege that was given to me,” Madugu said.
He added, “So far, I have played almost 28 games, won 19, lost four and drawn four. But this defeat came at crucial moments that people did not expect.”
News
Gumi Explains Why Funding Mass Marriages Is Government Responsibility
Islamic cleric, Sheikh Ahmad Gumi, says it is the responsibility of the government to use public funds to support marriage arrangements in states operating under Shariah law.
In a post on his Facebook page on Thursday, Gumi argued that governments in Shariah-governed societies have a duty to address social needs arising from the prohibition of sexual relationships outside marriage.
The Islamic scholar noted that government intervention to assist people who cannot afford marriage should be viewed as part of responsible governance, especially where prostitution, fornication, adultery and promiscuity are prohibited by both religious principles and state laws.
According to him, public resources could legitimately be used to support young people in urgent need of marriage, as well as women who face limited opportunities to find suitable spouses.
“In a Shariah law-driven state, where prostitution, fornication, adultery, and promiscuity are prohibited by both divine and state laws, using public funds to facilitate the marriage of women who are in excess of the available pool of eligible men, or of any young person in dire need of marriage, is a legitimate and responsible component of good governance,” he wrote.
News
Tinubu Says Democratic Regime Not Easy To Manage “Full Of Twists And Turns….”
President Bola Tinubu decried the big task of successfully managing a democratic government, highlighting what he described as
It’s twists, turns, hills and valleys, even as the president assured Nigerians that the nation’s refineries will bounce back.
The President also lamented that the expected benefits from the introduction of Compressed Natural Gas (CNG) are going into the pockets of truck owners.
This came as the President of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), Comrade Salimon Akanni Oladiti, pleaded with President Tinubu to help stop the casualisation of workers in the oil industry.
Speaking when he received the NUPENG leadership at the Presidential Villa, Abuja, the President said the union has been a very good partner in government’s progress.
“You occupy a very critical nerve of the economy of this country,” he said.
He recalled the promise he made while seeking the presidency that he would remove the fuel subsidy and the threat by oil and gas workers to down tools. “We had threat of possible strike and something, and I served notice; you may strike all you want, but fuel subsidy will be gone. And today, to the benefit of our great country.”
“I will soon publish how it is being utilized,” he said, adding that workers at local, state and federal levels are reaping the benefits of subsidy removal through prompt payment of salaries, while landmark infrastructural projects are underway across the country.
“Yes, the economy is not child’s play. It’s a system of financial re-engineering and reset that you impress, and I want to thank you for the cooperation, collaboration and understanding.
“But I’m glad you have seen the effect of being able to find funding for long-term projects: Lagos–Ibadan Road, Abuja–Kaduna, Abuja–Kano, Sokoto–Badagry and other highways and road networks. It’s all for the good of our people and our economy.
“Equally, the introduction of compressed natural gas — well, I will appeal to you: we will do more and encourage you, but ask your drivers to let the benefits trickle down to commuters too, because whatever benefit is coming from CNG is going into the pockets of truck owners. It’s not spreading as fast as I would like, but it should spread.
“The refineries you mentioned are going to come back to work. We’re just building a very firm reset and structural reworking of the economics of it. Ordinary flame and smoke from a refinery doesn’t mean that it’s working until it’s profitable and yields the value for which it was built.
“I’m not a man who will look back and blame everyone, because I’ve accepted the assets and liabilities of my predecessors. No matter what happened in the past years, it’s my responsibility now as President to fix it and make it work for the greatest common good of our population. I take responsibility for that, and I’m going to do it.”
He added: “It’s not easy to manage a democratic regime, full of twists and turns, hills and valleys. But through perseverance, endurance and good determination we can bring about relief — like the joy of a newborn baby after a difficult pregnancy. Motherhood is painful, but the joy is everlasting. I promise you, you will enjoy a better Nigeria.”
Speaking earlier, NUPENG president Comrade Oladiti appealed to the President to check the casualisation of workers in the oil industry.
The NUPENG president, who described the trend as unwholesome, expressed concern that efforts to make oil companies, particularly in the upstream sector, stop the practice have been constantly rebuffed.
He said: “Your Excellency, our relationship with the international oil companies and indigenous players in the upstream sector has been very cordial. However, we want to seize this opportunity to bring to your attention an unhealthy trend we have been trying to correct with little to no success. It is the casualisation of workers, particularly in the upstream sector.
“For a sector that is strategic and taken as the economic jugular of the nation, NUPENG and its counterpart PENGASSAN have been tolerating these unwholesome practices, knowing full well the enormous disruption that any industrial action could cause to the economy.
“We also do not want to be seen as hostile to the Minister of Labour, Muhammad Maigari Dingyadi, who has been very supportive and operates an open-door policy in his relationship with our union.
“We have engaged the management of some of the affected companies without results. Mr. President, we urge you to use your good offices to stop the casualisation of workers in our sector.”
While commending the present administration for rehabilitation and dualisation of federal highways — which he noted will ease movement of petroleum trucks — Oladiti also appealed to President Tinubu to see to the resuscitation of the Nigerian Pipelines and Storage Company (NPSC) depots across the country.
He maintained that injecting life into the depots would complement the ongoing efforts to revive the ailing refineries.
He said: “We’ve seen real progress in the rehabilitation of federal highways, making journeys safer for our tanker drivers.
“We also want to commend your administration’s move to revive the Warri and Port Harcourt refineries through partnership with Chinese firms. Your Excellency, we humbly request that the same energy and drive to inject life back into the refineries be extended to the decaying Nigerian Pipelines and Storage Company depots across the country.
“We strongly recommend they be handed over to private investors to manage under an equity arrangement.”
-
Health & Wellness12 months 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
-
Trending News1 year agoNELFUND Disburses ₦86bn To 449,000 Beneficiaries
-
Business5 months agoDangote Refinery Reduces Petrol Gantry Price To ₦1,200 Per Litre
-
Business2 years agoHeritage Bank Customers’ Path to Securing ₦5m Insured Funds: A Step-By-Step Guide by NDIC”
-
International News5 months agoIndian Police Arrest Nigerian Over ₦290m Drug Haul
-
Business5 months agoAfter Plea Bargain, Court Discharges Stella Oduah of ₦2.5bn Fraud
-
Business2 years ago
Dangote; We Did Not Fix ₦600/Litre Petrol Price
