I’ll Go to Prison – Human Rights Lawyer Olisa Agbakoba Vows to Defy Proposed MVB in Nigeria

By Emmanuel Kwada

A Prominent human rights lawyer and Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, has vehemently opposed a controversial bill before the Nigerian House of Representatives that seeks to make voting mandatory for all eligible citizens, declaring he would rather face imprisonment than comply with such a law.

The bill, which passed its second reading on May 15, 2025, has sparked heated debate, with critics arguing it infringes on fundamental rights and fails to address the root causes of voter apathy in Nigeria.

Speaking on Channels Television’s Politics Today on Monday, May 19, 2025, Agbakoba described the proposed legislation as “ridiculous” and “unconstitutional,” asserting that it violates the democratic principle of voluntary participation.

I’ll plead conscientious objection. I’d rather go to prison for six months than obey it

“If that bill were to pass, I would say, ‘Agbakoba, we will not obey it.’ I’ll plead conscientious objection. I’d rather go to prison for six months than obey it,” he stated, emphasizing his stance against coerced civic engagement.

Agbakoba argued that the National Assembly should focus on addressing the underlying issues driving voter disinterest, such as poor governance and lack of trust in the electoral process, rather than criminalizing abstention.

The bill, titled A Bill for an Act to Amend the Electoral Act, 2022, is jointly sponsored by Speaker Tajudeen Abbas and Labour Party lawmaker Daniel Asama Ago. It proposes amendments to Sections 9, 10, 12, and 47 of the Electoral Act to mandate continuous voter registration and require all registered voters aged 18 and above to participate in national, state, and local elections.

Non-compliance could result in a N100,000 fine, a six-month jail term, or both. Proponents, including Deputy Speaker Benjamin Kalu, argue that mandatory voting would boost civic engagement, reduce vote-buying, and strengthen Nigeria’s democracy, citing Australia’s compulsory voting system as a successful model.

During the bill’s debate in the House, Ago highlighted Nigeria’s “abysmally low” voter turnout as a threat to democratic representation, suggesting that mandatory voting would foster greater political awareness.

It is practically impossible to prosecute millions of Nigerians who may decide to boycott elections

However, the proposal has faced significant backlash from legal experts, civil society organizations, and some lawmakers. Femi Falana, another Senior Advocate of Nigeria, labeled the bill unconstitutional, arguing that it contradicts provisions in the 1999 Constitution, including rights to privacy, freedom of thought, and freedom of conscience.

“It is practically impossible to prosecute millions of Nigerians who may decide to boycott elections,” Falana warned in a statement titled Compulsory Voting Is Not Enough.

Yiaga Africa, a prominent civic organization, also rejected the bill, calling it “draconian” and a violation of democratic freedoms.

Voter apathy cannot be addressed by imposing punishment but by addressing distrust, electoral fraud, and manipulation

Executive Director Samson Itodo urged lawmakers to prioritize reforms that rebuild public trust, such as ensuring mandatory electronic transmission of results and improving electoral transparency, rather than punishing non-voters. “Voter apathy cannot be addressed by imposing punishment but by addressing distrust, electoral fraud, and manipulation,” Itodo said.

Lawmakers like Mark Esset (PDP, Akwa Ibom) and Awaji-Inombek Abiante (PDP, Rivers) also opposed the bill during plenary, arguing that forcing citizens to vote in a system they distrust is futile.

“While we want to make voting compulsory, there should also be a law to make voting count,” Esset remarked, pointing to widespread skepticism about the electoral process.

I’m 72. I’ve voted for decades, but I can tell you, I haven’t gotten a single thing from the Nigerian state. Not one benefit. So why should I keep voting?

Agbakoba, a former President of the Nigerian Bar Association, further criticized Nigeria’s democratic structure, describing it as a “borrowed and broken” Western model that fosters exclusion and a “winner-takes-all” mentality.

He advocated for a homegrown “constitutional democracy” that reflects Nigeria’s ethnic diversity and ensures inclusive governance. “I’m 72. I’ve voted for decades, but I can tell you, I haven’t gotten a single thing from the Nigerian state. Not one benefit. So why should I keep voting?” he questioned, underscoring the systemic failures that fuel voter apathy.

Many Nigerians view the legislation as oppressive, arguing that the government should focus on restoring confidence in democracy through accountability and good governance rather than coercive measures.