HURIWA Vows To Challenge Compulsory Voting Bill In Court

The Human Rights Writers Association of Nigeria (HURIWA) has vowed to challenge a controversial bill seeking to make voting compulsory for all eligible Nigerian citizens, calling it an “unconstitutional and anti-democratic overreach” that threatens civil liberties and undermines the essence of democratic participation.

The bill, sponsored by the Speaker of the House of Representatives, Rt Hon. Abbas Tajudeen, seeks to amend the Electoral Act 2022 to criminalise voter abstention.

If passed into law, it would impose a fine of up to ₦100,000 or imprisonment on eligible voters who fail to participate in national and state elections without a valid justification.

The bill recently passed its second reading in the House of Representatives, drawing mixed reactions from political observers and civil society groups.

However, HURIWA has emerged as one of its most vocal critics, announcing plans to challenge the bill in court before it becomes law.

In a statement released on Friday in Abuja, HURIWA’s National Coordinator, Comrade Emmanuel Onwubiko, condemned the bill as an attempt to legislate civic participation through coercion.

“This is not just an ill-advised piece of legislation — it is a blatant assault on the fundamental rights enshrined in the Nigerian Constitution,” he said.

HURIWA emphasised that while democratic engagement is essential, it must be voluntary and not enforced through punitive measures. The group cited Sections 39 and 40 of the 1999 Constitution (as amended), which guarantee freedom of expression and association, including the right to abstain from political processes.

“Refusing to vote is, in itself, a form of political expression,” Onwubiko noted. “Any law that criminalises such a decision is an affront to democracy and an attempt to silence dissent.”

The association has begun consultations with a team of constitutional lawyers and human rights advocates to file a suit challenging the bill’s legality, it said.

HURIWA argues that imposing sanctions on non-voters contradicts the spirit of participatory democracy and could set a dangerous precedent for authoritarian governance.

The bill has sparked growing concern within Nigeria’s legal and civil society communities. Notable legal minds, including Nigerian Bar Association (NBA) President Mazi Afam Osigwe (SAN) and human rights lawyer Femi Falana (SAN), have echoed concerns that the real issue lies not in voter apathy but in the lack of trust in Nigeria’s electoral system.

HURIWA agrees, stating that low voter turnout is symptomatic of a deeper crisis in the nation’s democratic institutions. “People are not unwilling to vote — they simply no longer believe their votes count,” the group said.

Instead of punitive measures, HURIWA called on the National Assembly to focus on reforms that address electoral malpractices, impunity, political violence, and institutional distrust.

“Democracy cannot thrive where fear replaces choice. Free, fair, and credible elections are the bedrock of democracy, and that starts with the right to choose whether or not to participate,” the statement reads.

The group further argued that while compulsory voting exists in countries like Belgium and Australia, those nations benefit from strong institutions, civic education, and public trust — conditions that are currently lacking in Nigeria.

HURIWA announced plans for nationwide advocacy and public awareness campaigns to mobilise citizens against the bill.

The association also intends to engage with international human rights bodies to bring global attention to what it describes as a “dangerous slide toward authoritarianism”.

“This bill must not become law. It is not just an affront to legal rights — it is a direct assault on the spirit of democracy,” Onwubiko warned, urging all civil society organisations, legal practitioners, and the Nigerian public to resist the bill’s passage.

HURIWA Vows To Challenge Compulsory Voting Bill In Court is first published on The Whistler Newspaper