Prominent human rights lawyer Femi Falana (SAN) has strongly criticized the proposed bill seeking to make voting compulsory in Nigeria, warning that it poses serious constitutional risks.

The bill, sponsored by Speaker of the House of Representatives, Abbas Tajudeen, recently passed its second reading in the National Assembly. However, Falana argues it infringes on fundamental rights enshrined in the 1999 Constitution.

According to Diaspora Digital Media (DDM), Falana asserts that voting, while important, must remain a voluntary civic duty, not a legal obligation. He describes the bill as “fundamentally flawed,” citing Sections 37, 38, 77(2), 135(5), and 178(5) of the Constitution, which guarantee privacy, freedom of thought, and voluntary political participation.

In a legal brief, he referenced court precedents to bolster his argument. In Nwali v. Ebonyi State Independent Electoral Commission, the court held that open ballot voting was unconstitutional, reaffirming voters' right to make private decisions. He also cited Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo, where the court upheld the right to refuse medical treatment on grounds of conscience and religion, as well as Lagos State v. AbdulKareem, in which the Supreme Court upheld Muslim students’ right to wear hijabs in public schools.

“These rulings reinforce the broader principle of individual autonomy and freedom of belief,” Falana said, warning that the mandatory voting bill would likely be struck down by Nigerian courts.

Beyond legal concerns, Falana questioned the practicality of enforcing such a law. “How will millions of voters be prosecuted?” he asked, adding that elections in Nigeria often amount to little more than a periodic renewal of political misgovernance.

He stressed that restoring public trust in leadership is more critical than compelling voter turnout. Instead of pushing mandatory voting, Falana urged lawmakers to focus on genuine electoral reform.

He called for legal backing for the use of the Bimodal Voter Accreditation System (BVAS) and the Independent National Electoral Commission’s Results Viewing Portal (IREV). Although both technologies are included in electoral guidelines, they currently lack statutory authority. Falana cited a Supreme Court ruling that dismissed their legal standing, reinforcing the need to amend the Electoral Act.

He recommended the adoption of proposals from the Uwais Electoral Reform Panel, including the unbundling of INEC, introduction of proportional representation, creation of an electoral offences commission, and expedited resolution of election petitions.

While acknowledging that Section 14(2) of the Constitution encourages citizen participation in governance, Falana insisted that compulsory voting cannot stand in isolation. Chapter II of the Constitution, which outlines social and economic rights, must first be made justiciable, he said.

He also referenced Article 13(1) of the African Charter on Human and Peoples’ Rights, which guarantees the right of every citizen to freely participate in their country's government.

Falana concluded that mandatory voting contradicts both Nigeria’s Constitution and international law, urging the National Assembly to pursue comprehensive reform before introducing any form of voter obligation.