As Agbakoba says he’ll rather Go To Jail than obey such law
By editor
Human rights lawyer Femi Falana SAN ,has criticised the proposed bill to make voting compulsory in Nigeria, declaring it “unconstitutional” and “impractical” under the current legal framework.
The bill, 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.
Ago,, who represents Bassa/Jos North, argued during Thursday plenary 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, faulted the Bill saying it is invalid .
In a statement issued on Monday titled ‘Compulsory Voting is Not Enough’, Falana said
“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.
According to the SAN
“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,”
Falana added
“Nigerian courts have never considered Section 224, which states that ‘the programme, as well as the aims and objectives of a political party, shall conform with the provisions of Chapter II of this Constitution,'”
“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.
In the same vein, Human Rights lawyer,Olisa Agbakoba SAN Agbakoba, has condemned the National Assembly for sponsoring a bill seeking to make voting mandatory in Nigeria, declaring that he would rather be in prison than comply with such a law.
Agbakoba who made the comment on Channels TV programme ” Politics Today Monday night said that members of National Assembly erred as they failed to tackle the root causes of voter apathy in the country
He said “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,”
“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?”
Agbakoba said voter apathy happens because of lack of interest, following a culture of exclusion by the political class
“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.
“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.
Another big problem he noted ,is the issue of deflections and coalitions by politicians which he said do not address the suffering of Nigerians
“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” He said
