Archive May 19, 2025

Femi Falana, a senior advocate for Nigeria and a human rights lawyer, has vehemently opposed the proposed bill, calling it “unconstitutional” and “impractical” in light of the country’s current legal system.

The bill, co-sponsored by Labour Party lawmaker Daniel Asama Ago and the Speaker of the House of Representatives, calls for all Nigerians of voting age to be required to participate in national and state elections. It recommends that eligible citizens who fail to cast a vote receive a six-month jail term or a 100,000-dollar fine.

Ago, a representative for Bassa/Jos North, claimed that the bill’s goal is to reduce voter apathy and encourage voter participation during the plenary on Thursday. The bill was supported by Deputy Speaker Benjamin Kalu, who cited Australia as a case study of how mandatory voting has reportedly improved civic responsibility.

However, Falana criticised the legislative move on constitutional grounds in a statement titled “Compulsory Voting is Not Enough” released on Monday.

He claimed that the bill conflicts with several provisions of the 1999 Constitution that protect people’s freedom of expression, freedom of speech, and privacy.

“The Speaker of the House of Representatives probably wants Nigeria to join Egypt, which is the only African nation on earth with mandatory voting requirements.”

The alleged constitutional provisions safeguard the people of Nigeria’s fundamental rights, including the right to vote in both national and state elections held in Nigeria.

“It is doubtful, however, whether the Speaker and his team have given the relevant Constitution’s provisions enough thought. Otherwise, they would have known that the constitutional requirement for compulsory voting violated Sections 37, 38, 77 (2), 135 (3), and 178(5), respectively, and that it was constitutionally invalid.

Nigerians are “impractical to prosecute,” they say.

Since Chapter II of the Constitution outlines the Fundamental Objectives and Directive Principles of State Policy, which are still non-justiciable, he claimed that the legal justification for mandatory voting is ambiguous.

“Compulsory voting is not vacuo legalized.” It is practically impossible to prosecute millions of Nigerians who may choose to boycott national and local elections because they have seen the political class’s agenda become more frequent and corrupt, according to Falana.

According to him, “Circular voting may only be justified if Chapter II of the Constitution is made justiciable because Section 14 (2) of the Constitution allows for popular participation in the democratic process.”

Falana criticized Nigerian courts for disregarding Section 224 of the Constitution, which mandates political parties to align their programs and policies with the principles of that chapter.

According to him, “Nigerian courts have never taken into account Section 224, which states that “the program, as well as the aims and objectives of a political party, shall conform to the provisions of Chapter II of this Constitution.”

He also cited Chapter II’s directive principles, as well as sections of the Constitution that require public officeholders to swear to uphold the Constitution.

Falana argued that both elected officials and political parties are legally required to uphold citizens’ socio-economic rights.

Each of these public officials is required to “seek to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Federal Republic of Nigeria’s Constitution.

According to him, “The point I’m struggling to make is that all political parties, members of the executive and legislature, and all other members of the executive and legislature are legally required to adhere to the fundamental objectives and directive principles of state policy enshrined in Chapter II.”

He cited the African Charter’s Human and Peoples’ Rights (Ratification and Enforcement) Act, which grants citizens the right to participate in government, to its full extent.

Falana continued, “Century can only be justifiably compelled to vote if the socio-economic rights set forth in Chapter II are made justiciable.”

READ ALSO: Bill to require Nigerians to vote requires a second reading in Reps.

The Tilt to Electoral Act Review Bill

Falana cited a number of precedents, arguing that “common law” and “moral law” are both broken. He stated that it is advised to review the contentious bill without further delay.

Despite their efforts to improve electoral credibility, the SAN also criticized the lack of constitutional support for electronic election devices like BVAS and IReV. He claimed that the Supreme Court has determined that the use of these devices is not yet recognized by the Constitution or the Electoral Act.

According to Falana, the legislative agenda should shift to incorporating technological advancements like BVAS and incorporating important recommendations from the Uwais Electoral Reform Panel.

These include creating an electoral offences commission, establishing proportional representation, and unbundling INEC.

He claimed that enforcing compulsory voting would continue to be in conflict with the Constitution’s Fundamental Objectives and Directive Principles of State Policy until Chapter II, which contains the Fundamental Objectives and Directive Principles of State Policy, is made lawful.

According to the attorney, “Criminal voting cannot be legalized in vacuo due to the state of the law,”

The Court of Appeal ruled that open ballot voting was a violation of the right to privacy in Nwali v. Ebonyi State Independent Electoral Commission & Ors (2014).

Case References&nbsp ,

The senior attorney cited Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo (2001), which stressed the need for individuals to be free from being coerced into deliberations.

The court overturned a doctor’s disciplinary action against him for respecting a patient’s religious refusal to give blood transfusion, according to Falana, highlighting the constitutional rights that are violated by coercion.

He cited Incorporated Trustees of Digital Rights Lawyers Initiative & Ors v. National Identity Management Commission (2020), where a judge ruled that the right to privacy extends beyond physical spaces to decisions and personal data.

Olisa Agbakoba, a Senior Advocate of Nigeria (SAN), believes that the country’s model of democracy needs to be reworked and has criticised opposition members for putting their own structures under control for the All Progressives Congress (APC). &nbsp,

Agbakoba questioned the level of commitment by Nigeria’s politicians, who he claimed were only concerned with gaining control, and claimed the country’s current democratic system “is not working.” &nbsp,

“I believed things would have been much better than what we have now.” And after we had military coups in and out, then democracy for more than 25 years, I think something must be wrong. Agbakoba stated on Monday’s edition of Channels Television’s Politics Today that something was fundamentally wrong with the process.

He said, “I just came to the realization that it’s time to shed our Western model, the Oyibo model, the model that the Europeans and Americans have imposed on us, because it’s not working, and I’ve reflected on this a lot.”

He claims that Nigerians are only interested in a system that provides them with the basic necessities.

Who would you want to vote for, in general, if you asked Nigerians at the moment? They will simply say, “We want to vote for food in our stomachs, good schools, good roads, good housing, and other things that make them comfortable,” the senior advocate said, citing China’s growth despite the country’s lack of democracy. &nbsp,

“The president’s identity is not really important to Nigerians.” They are looking forward to a president who will deliver. In order to do that, it is also necessary to make sure you have a good president.

Defection Would Not Enhance Democracy

He claimed that Nigeria needs to start considering a system that works for all people, given that the country’s Western democracy is “certainly not working.”

“So I want the question to be the first step in the conversation. Does this have any effect on us?

The Western system of democracy, I’d say, may be effective in Europe, but it’s not effective here. What can we put on the table that will work, then?

Agbakoba said, “The first thing to do is acknowledge that this country is very divided along ethnic, religious, and linguistic lines.”

Agbakoba claims that his statement is in vain because the opposition parties have been defections from the All Progressives Congress.

“I’d better tell the opposition tonight that they’re not making any sense. And they have two years to wake up if they believe they have a chance in 2027, according to the former Nigerian Bar Association (NBA) president.

After missing for four years, Adeola, the daughter of renowned Nollywood actress Jumoke George, has now returned to Nigeria from Mali.

Abike Dabiri-Erewa, the chairperson of the Nigerians in Diaspora Commission (NiDCOM), who had welcomed Adeola upon arrival in Nigeria, announced her return on Monday.

“Breaking!” Deeola, the daughter of well-known actress Jumoke George, cried out in a post on her official X (formerly Twitter) handle that she had been trafficked in Mali and had not heard from her daughter in four years.

A tearful reunion occurs when Adeola embraces Dabiri-Erewa upon her return, along with Biola Adebayo, an actress, and Adeniyi Johnson, both of whom have supported the family’s search for her in the media.

Remember that actress Abiola Adebayo, who hosts the TalkToB program, earlier shared her agony with Jumoke George during an emotional exchange on the show.

The veteran actress described her years of agony and silence over her daughter’s disappearance in tears.

“I have no choice at this point, but there are some embarrassing things I can say.” I want to speak out. Although she said she works, she doesn’t seem to get jobs every time.

Adeola, my first child, has been missing, I said. For the past four years, I’ve been looking for her. Any pocket money I received from work went to the search for her.

Eva Apio, a model from Uganda who denies dating Asake, is featured in “I Was Never His Girlfriend.”

When her daughter mysteriously vanished, Jumoke claimed that she and her grandmother had been residing in Ibadan.

She lived with my mother in Ibadan while she was employed. So my mother called me one day to let me know that Deola was coming to Lagos to meet me. The actress explained, “I said I hadn’t seen her.”

Adeola eventually reached out to her mother and asked for her pardon after years of silence. She revealed that she and friends had planned to leave the country for a better life, but things had turned out wrong.

In addition, Dabiri-Erewa praised actor Niyi Johnson for his assistance and actress Biola Adebayo for bringing the issue to the public attention.

“Just received her, along with Niyi Johnson, who broke the story, and Biola Adebayo,” Dabiri-Erewa said.