Home Backpage Mandatory Voting Law in Nigeria is a Misplaced Priority Amid Electoral Fraud

Mandatory Voting Law in Nigeria is a Misplaced Priority Amid Electoral Fraud

Austyn Ogannah backpage

May 18, (THEWILL) – The recent advancement of a bill to make voting compulsory in Nigeria has expectedly sparked intense debate and raised fundamental questions about the priorities of the country’s electoral system. The proposal, which has now passed its second reading in the House of Representatives, seeks to address low voter turnout by imposing penalties, such as a six-month jail term or a fine of 100,000 naira, on citizens who fail to vote.

Proponents argue that mandatory voting will foster greater civic engagement and strengthen democracy. In my view, this initiative appears to sidestep the deeper crisis undermining Nigeria’s electoral process: a lack of credibility that renders participation futile for many. With moves around the 2027 general elections already in motion, the push for compulsory voting risks being perceived as a superficial measure, distracting from the urgent need to address serious systemic flaws in our elections and the Independent National Electoral Commission (INEC) that enables electoral fraud, pervasive corruption and criminality.

The rationale behind the mandatory voting bill rests on the observation that voter turnout in Nigeria has been consistently low. In the 2023 general elections, only 27% of the 93.5 million registered voters participated, translating to approximately 25 million votes cast. Supporters of the bill, including Speaker of the House Tajudeen Abbas, contend that compelling citizens to vote will counteract apathy and promote a culture of civic responsibility. They point to countries like Australia, where mandatory voting has sustained turnout rates above 80% and is credited with reinforcing democratic norms. In Nigeria, where democracy has been interrupted by military rule and marred by electoral irregularities since 1999, the idea of boosting participation through legal obligation holds appeal for some lawmakers. Yet, this perspective assumes that low turnout stems primarily from indifference, ignoring the deeper reasons why Nigerians abstain from voting.

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A significant factor driving voter apathy is the widespread belief that votes do not count. I am certain everyone knows this! Nigeria’s electoral history is riddled with instances of fraud, manipulation, and violence that have eroded public confidence. The 2023 presidential election, for example, was marked by operational failures, technological glitches, and allegations of result falsification, as documented by domestic and international observers. Reports from groups like YIAGA Africa highlighted discrepancies in vote tallies and instances of voter suppression, particularly in opposition strongholds. The Bimodal Voter Accreditation System (BVAS), introduced to enhance transparency, faced technical issues, and the INEC Results Viewing Portal (IReV), meant to publish results in real-time, experienced delays that fuelled suspicions of tampering. These shortcomings reinforced the perception that electoral outcomes are predetermined, often by political elites in collusion with INEC officials. When citizens witness such irregularities, their reluctance to vote reflects not laziness but a rational response to a system that appears to disregard their choices.

The dysfunction within INEC lies at the heart of this crisis. Established in 1998, INEC is tasked with organising elections, registering voters, and overseeing political parties. Despite incremental reforms, such as the Electoral Act 2022, which granted INEC greater autonomy and legal backing for electronic voting, the commission struggles to deliver credible elections. The 2023 elections exposed persistent challenges: logistical breakdowns, inadequate training of ad-hoc staff, and a failure to prosecute electoral offenders. INEC’s own review of the 2023 polls led to 142 reform proposals submitted to the National Assembly in 2025, including measures to enhance its independence by removing the president’s power to appoint Resident Electoral Commissioners. However, these proposals remain under consideration, and past reforms have often been undermined by political interference. For instance, the Electoral Act 2022 allows INEC to review results declared under duress, but ambiguities in the law and a lack of clear procedures have limited its effectiveness. Until INEC operates with true neutrality and efficiency, mandating voting will not address the root causes of distrust.abbas

Legal loopholes further exacerbate the problem, enabling electoral subversion. The Electoral Act 2022 introduced measures to curb overvoting, a common tactic used to manipulate results. However, the law places a heavy burden on litigants to prove overvoting by producing voter registers, BVAS machines and polling unit result sheets, materials controlled by INEC. This requirement is often impossible to meet within the tight timelines of election petitions, allowing fraudulent outcomes to stand. Moreover, the lack of clarity around electronic result transmission has created opportunities for manipulation. The Supreme Court’s ruling that IReV is not part of the official collation process undermines transparency, as electronically transmitted results cannot be legally binding. These gaps in the legal framework embolden corrupt political actors to exploit the system, knowing that accountability is unlikely. Rather than penalising citizens for not voting, lawmakers should focus on closing these loopholes and ensuring that electoral laws prioritise public interest over partisan gain.

Judicial interference represents another critical barrier to electoral credibility. In recent years, Nigeria’s courts have increasingly played a decisive role in determining election outcomes, often overturning results from polling units. The 2023 election cycle saw numerous cases where candidates who lost at the ballot were declared winners by tribunals or appeal courts, citing technicalities rather than voter intent. This trend, described by the International Institute for Democracy and Electoral Assistance as a disregard for judicial precedent, has eroded trust in the judiciary. When judicial decisions appear to contradict the will of the people, citizens lose faith in the democratic process. Mandating voting in such a context risks forcing participation in a system where the judiciary, not the electorate, holds the final say.

The proposal for mandatory voting also fails to address the practical barriers that discourage participation. Electoral violence remains a significant deterrent, with the Armed Conflict Location and Event Data Project recording 44 violent incidents targeting INEC offices and staff between 2021 and 2023. In some States, incumbent-sponsored henchmen have disrupted elections, intimidating voters and officials. Logistical challenges, such as delays in distributing Permanent Voter Cards and inadequate polling units, further disenfranchise citizens. Forcing people to vote without addressing these issues could exacerbate tensions, potentially leading to unrest or coerced participation. Instead, reforms should focus on making voting accessible and safe, such as introducing early voting for essential workers and downloadable voter cards, as proposed by INEC and civil society groups.

The push for mandatory voting also raises ethical questions about democratic freedom. Voting is a right, not an obligation, and compelling participation risks undermining the principle of choice. In Australia, mandatory voting works because the electoral system enjoys high credibility, with robust institutions and minimal fraud. Nigeria, by contrast, lacks these foundations. Forcing citizens to engage with a system they distrust could deepen cynicism rather than foster civic pride. Moreover, the proposed penalties, jail time or fines, disproportionately affect low-income citizens, who may already face barriers to voting, such as transportation costs or time off work.

The National Assembly’s ongoing review of electoral laws provides an opportunity to address the systemic issues that undermine democracy. Strengthening INEC’s independence, closing legal loopholes, and ensuring judicial neutrality are essential steps to restore public confidence. Proposals for harsh penalties for electoral fraud, such as life imprisonment or even death, reflect the urgency of protecting the sanctity of the polls. However, these measures must be paired with institutional reforms to be effective. The will of the people, which must be viewed from the perspective of the sacred, can only be upheld if the electoral process reflects their choices accurately and fairly.

Indeed, mandating voting in Nigeria’s current electoral context is a misplaced priority. It addresses the symptom of low voter turnout while ignoring the underlying disease: a lack of credibility in the electoral system.

With 21 months until the 2027 elections, lawmakers must heed the calls of citizens and civil society to prioritise substance over symbolism, ensuring that democracy serves the people, not the powerful.

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