Senator Shehu Sani Criticizes Proposed Bill to Jail Non-Voters, Calls It Unnecessary

Senator Shehu Sani has openly criticized a proposed bill currently being deliberated in the Nigerian National Assembly, which seeks to make voting compulsory and impose jail terms on Nigerians who abstain from voting. The controversial bill, aimed at amending the Electoral Act 2022, proposes that eligible citizens who fail to participate in national and state elections could face imprisonment for up to six months or a fine of ₦100,000.

In a statement released on his official X (formerly Twitter) account, Senator Sani expressed his disapproval, labeling the bill as "unnecessary" and impractical. According to the outspoken former lawmaker, voting is a fundamental democratic right that includes the freedom not to vote. He argued that compelling citizens to vote through the threat of imprisonment undermines the very essence of democracy, which should be built on the principles of free choice rather than coercion.

"The idea of compulsory voting and jailing citizens for not voting is impracticable, unnecessary, and unlawful. The right to vote also means the right not to vote. Democracy should be about free will, not force," Sani stated.

This proposed legislation, sponsored by House Speaker Tajudeen Abbas, has sparked widespread debate among political commentators and civil society organizations. One of the most vocal critics, the Socio-Economic Rights and Accountability Project (SERAP), has called on the National Assembly to withdraw the bill, describing it as inconsistent with the Constitution and a violation of international human rights standards.

SERAP, in a letter addressed to the National Assembly, argued that criminalizing the decision not to vote could have far-reaching negative implications on civic liberties. The letter, dated March 29, 2025, emphasized that the right to vote inherently includes the right to abstain, and penalizing non-voters would be a direct infringement on personal freedom. The organization urged lawmakers to focus on creating an enabling environment that encourages voluntary participation in elections rather than resorting to punitive measures.

Critics have pointed out that voter apathy in Nigeria is driven by multifaceted issues, including electoral violence, vote-buying, political disenfranchisement, and a general lack of confidence in the electoral process. They argue that addressing these root causes should be prioritized over criminalizing abstention. While compulsory voting is practiced in some countries, such as Australia and Belgium, where fines are imposed on non-voters, the context and electoral challenges in Nigeria make such an approach contentious.

Senator Sani's position has also sparked discussions about the potential unintended consequences of the bill. Some analysts argue that rather than increasing voter turnout, the fear of legal repercussions could further alienate citizens from the political process. They point to the potential for misuse of the law to target political opponents or marginalized communities.

Legal experts have also weighed in on the controversy, with constitutional lawyer Dr. Sam Adewale asserting that the right to vote includes the right not to vote. He described the proposed bill as an overreach of legislative power, arguing that it disregards the principle of voluntary political participation, which is a cornerstone of democratic governance.

Political analyst Dr. Ngozi Ibekwe shared similar sentiments, highlighting that threats of imprisonment do not address the underlying issues of electoral malpractice and disillusionment. She suggested that instead of introducing punitive laws, efforts should be made to tackle systemic problems, such as vote-buying and the lack of transparency during elections.

Interestingly, this is not the first time Senator Sani has expressed his views on voter responsibility. In a previous statement in 2024, he had suggested that Nigerians who collect their Permanent Voter Cards (PVCs) but fail to vote should face financial penalties. However, he clarified that criminalizing non-voting is fundamentally different from encouraging civic responsibility through fines.

While proponents of the bill argue that compulsory voting could strengthen Nigeria’s democracy by increasing participation, opponents counter that democratic engagement should stem from genuine interest rather than legal obligation. They fear that forcing people to vote could lead to uninformed or coerced choices, which might ultimately undermine the quality of the electoral outcome.

As the bill progresses through legislative procedures, the growing public outcry signals the need for a more nuanced approach to tackling voter apathy. Some stakeholders advocate for comprehensive electoral reform that would enhance public trust, improve security during elections, and provide adequate voter education. They believe that creating a political environment where citizens feel genuinely motivated to vote would be far more effective than imposing sanctions.

As of now, it remains to be seen whether the proposed bill will gain sufficient support within the National Assembly. Observers are closely monitoring the reactions of other lawmakers, civil society groups, and the general public. Meanwhile, Senator Sani remains firm in his stance, reiterating that the essence of democracy lies in the right to choose, including the choice not to vote.

The debate has also raised fundamental questions about civic duty and individual freedom in Nigeria’s evolving democracy. As the nation grapples with issues of political engagement and voter participation, finding a balanced solution that respects personal liberties while promoting active citizenship remains a challenging yet crucial endeavor.

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