Renowned human rights lawyer, Femi Falana (SAN), has strongly condemned the proposed bill seeking to make voting compulsory in Nigeria, describing it as unconstitutional and impractical under the country's current legal framework.

The bill, co-sponsored by House of Representatives Speaker Tajudeen Abbas and Labour Party lawmaker Daniel Asama Ago, aims to amend the Electoral Act to mandate voting for all eligible Nigerians in national and state elections, with penalties including a six-month jail term or a ₦100,000 fine for non-compliance.

In a statement titled 'Compulsory Voting is Not Enough' released on Monday, Falana argued that the proposed legislation contradicts several provisions of the 1999 Constitution that protect citizens' fundamental rights.

"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," Falana stated.

He specifically cited inconsistencies with Sections 37, 38, 77(2), 135(5), and 178(5) of the Constitution, questioning whether the bill's sponsors had properly considered these constitutional provisions.

"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," Falana remarked.

During a plenary session on Thursday, Representative Ago had defended the bill, stating it would address voter apathy and reduce vote-buying practices. Deputy Speaker Benjamin Kalu also supported the proposal, citing Australia as a successful model where mandatory voting has reportedly enhanced civic responsibility.

Falana further argued that the legal foundation for mandatory voting is weak since it relies on Chapter II of the constitution, which outlines Fundamental Objectives and Directive Principles of State Policy that 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," he emphasized.

The senior advocate criticized Nigerian courts for dismissing the enforceability of Chapter II without considering Section 224 of the Constitution, which requires political parties to align their programs and policies with the principles outlined in that chapter.

Falana concluded that compulsory voting might only be justified if Chapter II of the Constitution were made justiciable, suggesting that the current proposal fails to address the fundamental issues affecting Nigeria's electoral system.