GUEST COLUMNIST | Proposed voter-apathy legislation breach of govt’s social contract with citizens, by Frank Agbedo

The current moves by the National Assembly to legislate against voter apathy by making voting mandatory for the electorate, is yet another frightening dimension to the condescending  attitude of our lawmakers towards the people of Nigeria. A more thoughtful action would have been for them to first undertake  deeper soul-searching to unravel the cause of the malaise, rather than jumping the gun to merely treat the symptoms.

If the citizens believe that their votes do not count or that the system is rigged (as has been demonstrated by politicians time and time again), they are less likely to participate in the elections, regardless of whether voting is made mandatory or not. Instead of imposing mandatory voting, the lawmakers should focus more on addressing the underlying issues bedeviling the electoral process. They should rather take up initiatives aimed at building trust in the electoral process, improving voter education, ensuring safety during elections, and enhancing the overall integrity of the system.

Already, highly disillusioned citizens from all strata, including prominent lawyers and civil society advocates, in large numbers, have voiced their outrage and strong opposition to the bill, aptly pronounced “dead on arrival” by Nigerians, for not only being vexatious and oppressive , but also a brazen violation of the fundamental rights of the citizens under our constitution, particularly sections 37, 38, 77(2) and 135(5) thereof.

Dr. OLisa Agbakoba, SAN, foremost human rights activist, declaring his outright rejection   of the bill, has vowed to go to jail as a conscientious objector rather than obey such an obnoxious and ridiculous law, were it to be passed by the National Assembly. No gainsaying that a deluge of more conscientious citizens will likely tow Agbakoba’s footsteps thereby potentially sparking social unrest and needless political crisis in the country.

In contemporary society, the practice of civil disobedience, made popular by the late American civil rights activist, Dr Martin Luther King Jr., remains relevant, particularly in the face of laws perceived as oppressive or detrimental to public good.

This proposed legislation raises significant concerns about its adverse implications for individual rights and democratic freedoms, civic engagement and the role of government in the lives of its citizens, as expressly enshrined in the constitution.

While the intention behind such legislation may be to increase voter turnout and enhance democratic participation, the imposition of punitive measures for noncompliance could be seen as an infringement on the rights of the citizens. Forcing citizens to vote undermines the very essence of democracy, which is predicated on the voluntary participation of citizens in the electoral process.

In a country like Nigeria, where cases of political disenfranchisement and apathy are rife, the introduction of penalties for non-voters could exacerbate existing tensions. It risks alienating citizens who may feel that their voices are not heard or valued in the political process. Moreover, it raises ethical questions about the role of government in mandating civic engagement. Should the state compel participation in a system that many perceive as flawed or corrupt?

In conclusion, in a democratic society, the voices of the people must be heard, and laws must reflect the collective will and ethical standards of the people. When faced with laws that are perceived as unjust, citizens have the right, and perhaps the obligation, to engage in civil disobedience, within the ambits of the Constitution and  tenets of participatory democracy and enhanced leadership.

The balance of convenience is therefore clearly more in favour of  discontinuing further action on the said bill, by the legislature, than proceeding with the deliberations for its passage. Continuing with processes towards the passage of the bill would be against the interest and common good of the people the legislators were elected to serve.

• Chief Frank Agbedo, FIMC, Learned Author and Constitutional Lawyer, writes from Lagos.