A senior advocate of Nigeria (SAN), Femi Falana, says a bill seeking to make voting in elections mandatory infringes on the freedom of citizens as enshrined in the constitution.

The bill, sponsored by Tajudeen Abbas, speaker of the house of representatives, proposes a six-month jail term or a fine of N100,000 for eligible voters who fail to participate in elections.

The bill sponsor said the aim is to tackle low voter turnout, increase civic engagement and voter participation, and make electoral involvement a legal obligation rather than a personal choice.

In a statement issued on Monday, Falana said he “doubts that the speaker and his colleagues paid sufficient attention” to the relevant provisions of the 1999 constitution.

“Otherwise, they would have realised that 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,” the human rights lawyer said.

“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.”

Citing multiple decided cases, Falana said several courts have interpreted the aforementioned sections of the constitution.

Falana cited the supreme court judgment which upheld the rights of Muslims to wear hijab in schools.

The human rights lawyer advised the lower legislative chamber to review the controversial bill “without any further delay”.

Falana said lawmakers should amend the electoral act to incorporate the recommendations of the Uwais electoral reform panel on the unbundling of the INEC, proportional representation, conclusion of election petitions — before the inauguration of winners of elections and creation of electoral offences commission.