Samson Lardy Anyenini, a well-known media lawyer and host of Joy News' Newsfile, has clarified that while a citizen's vote is intended to remain secret, voluntarily disclosing one's vote is not illegal. He claims that the legislation protects voter choice confidentiality and that election officials who violate this provision face consequences.
He emphasised that the purpose of the constitutional clause protecting vote confidentiality is to protect each individual voter, and that it is the duty of election organisers to make sure that no one can see how someone casts their ballot.
"If I voluntarily disclose my vote, I cannot be punished for voluntarily disclosing my vote," attorney Anyenini claimed during an appearance on Joy FM's Super Morning Show on Tuesday, December 3.
He added that punishing the individual the secrecy laws are intended to protect is not covered by the law, regardless of how it is construed. "If the person whose vote is intended to be protected chooses to disclose it voluntarily, the secrecy rule cannot be enforced against them," he stated.
Using exit polls in the US as an example, attorney Anyenini further pointed out that public announcements of results frequently follow voting. We have exit polls because of this, where people wait for you to cast your ballot. When they ask you who you voted for after you cast your ballot, you say, "I voted for Trump." Even if the results haven't been tallied and announced yet, America already knows who might have won the election by the end of the voting process," he remarked.
He ended by using the definition of a crime found in the constitution: "A crime is what is prohibited by written law." The offence must be prescribed, and the legislation must be written. Which law do you mean when you declare that what you just said is illegal?