Metro News

Should You Go To Jail For Not Voting?

Culled from LawPadi

 

The National Assembly is proposing a bold amendment to the Electoral Act 2022: make voting mandatory for all eligible Nigerians. Under this bill, choosing not to vote without a valid excuse could result in a fine of up to ₦100,000, six months in jail, or both. In other words, staying home on election day could become more expensive than your average traffic offence.

Why Does This Bill Even Exist?
Let’s be honest—Nigerians haven’t exactly been rushing to the polls. In the 2023 elections, just about 27% of registered voters showed up. That’s one of the lowest turnout rates globally. Supporters of the bill argue that mandatory voting could:

  1. Reinforce democratic participation
  2. Increase political accountability
  3. Ensure a broader segment of society is represented

Think of democracy like a group project: if only a few people contribute, the final result rarely reflects everyone’s voice. The idea here is to get everyone to play their part, so the outcome isn’t shaped by a vocal minority.

Is it even Constitutional?
Errr – No. In Nigeria, voting is a right, not a duty. And rights, by their very nature, are optional—you can choose to exercise them or not.
Turning that right into a legal obligation risks crossing a constitutional line. It’s a bit like saying you must attend church every Sunday or Mosque every Friday or face punishment. Even if it’s good for society, forcing people to do it may go against the very principles of freedom the law is meant to protect.

Real-Life Challenges
Even with the best intentions, enforcing mandatory voting in Nigeria’s current landscape feels optimistic at best. Consider the hurdles:

  1. Long queues and late starts
  2. Broken or missing voter machines
  3. Insecurity in some regions
  4. Voter cards that never arrive
  5. Polling units located miles away

Expecting everyone to navigate this maze, and punishing them if they don’t, feels a bit like blaming someone for missing a flight when the airline never sent the ticket.

Trust Issues
Many Nigerians don’t vote—not out of laziness, but out of frustration. A significant number believe the electoral process is rigged, or that their vote won’t make a difference. From vote-buying to ballot box snatching and post-election legal drama, faith in the system has taken a hit.
Forcing participation in a process people don’t trust is like making someone eat food they believe is spoiled… you can’t force confidence in it with a fine.

What Other Countries Do
Admittedly, there are some countries that make voting mandatory. While some countries make voting a legal obligation, the consequences for not showing up vary widely. Here’s how different governments handle voter absenteeism:

Explain Yourself
If you skip an election, you’ll be asked to provide a legitimate reason—like illness, travel, or other unavoidable circumstances. Failure to give a valid excuse, and you could face further penalties.

Fines
Fines are the most common punishment for not voting. The amounts vary for instance in Australia it ranges from AU€17.59 to AU€43.97. The fines are usually small, but persistent refusal to pay can escalate things further.

Imprisonment Is (Technically) Possible
While rare and mostly symbolic, imprisonment can result if someone refuses to pay fines after several reminders. It’s not jail for not voting, but rather for not paying the fine. Australia allows imprisonment in cases of fine default, though this is extremely rare and largely theoretical.

Loss of certain Civil Rights or Access to Services
Some countries tie voting to access to government services or civic participation. For instance in Belgium, missing four elections in 15 years may lead to disenfranchisement.

Subtle, Informal Sanctions
In some countries, there are no formal penalties, but non-voters might face social or administrative difficulties. In Italy it is known as the “innocuous sanction”, non-voters could face subtle disadvantages, like difficulty securing a daycare spot for their child.

So What’s the Better Approach?
Rather than criminalize non-voters, maybe we should focus on fixing the reasons people stay home in the first place.
That means:

  1. Making voting safer and more accessible
  2. Strengthening electoral institutions
  3. Increasing transparency and accountability
  4. Rebuilding public trust in the process
  5. Educating citizens about the power of their vote

Participation should be encouraged, not coerced. People are more likely to show up when they believe their voice matters—not when there’s a jail cell waiting if they don’t.

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