Renowned media lawyer and host of Joy News' Newsfile, Samson Lardy Anyenini, has explained that a citizen’s vote is meant to be kept secret, but that a voluntary disclosure of one’s vote cannot be punished under the law.

According to him, the law ensures the secrecy of a voter’s choice, with sanctions for election officials who fail to uphold this protection. He stressed that the constitutional provision safeguarding the secrecy of the vote exists to protect the individual voter and that it is the responsibility of election organisers to ensure no one can observe how someone votes.

Speaking on Joy FM's Super Morning Show on Tuesday, December 3, lawyer Anyenini asserted: "If I voluntarily disclose my vote, I cannot be punished for voluntarily disclosing my vote."

He further clarified that, regardless of how the law is interpreted, it does not extend to punishing the person the secrecy rules are designed to protect. "The secrecy rule cannot be enforced against the person whose vote is meant to be protected if they choose to disclose it voluntarily," he said.

Lawyer Anyenini also noted that public declarations of votes often occur after individuals vote, citing the example of exit polls in the United States. "That is why we have exit polls, where people stand by waiting for you to vote. As soon as you vote, they ask you who you voted for, and you declare—' I voted for Trump.' By the close of voting, even though the votes have not been counted and declared, America already knows who has potentially won the election," he said.

He concluded by referring to the constitutional definition of a crime: "A crime is what is prohibited by written law. The law must be written, and the offence must be prescribed. Which law can you refer to that says you are prohibited from doing what you just said?”