The Nigerian Bar Association (NBA) has strongly condemned a proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians. The NBA labels the bill an “unconstitutional affront to civil liberties and democratic values,” warning it could set a dangerous precedent for the nation’s democracy.

The controversial bill proposes sanctions, including fines of up to ₦100,000 or imprisonment for citizens who fail to cast their votes. However, the NBA, through its President, Mazi Afam Osigwe, SAN, argues that such measures are “regressive and wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”

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Freedom to Choose: A Constitutional Right
The NBA highlights Section 39(1) of the Constitution, which guarantees every citizen the right to freedom of expression, explicitly stating that this includes the right to silence, dissent, and abstention. The association emphasizes that in a democracy, the right to vote is a civil liberty, not a legal obligation. “Compelling citizens to vote through coercive legal measures violates the fundamental right of Nigerians to decide whether or not to participate in elections,” the statement read.

Furthermore, the NBA points to Section 40, which guarantees the right to freedom of association. They argue that forcing an individual to vote, regardless of their confidence in the electoral process or the available choices, infringes upon their personal convictions and political freedoms.
Fixing Systemic Issues, Not Punishing Citizens

The NBA expressed dismay that a democratic government would seek to criminalize non-participation in an electoral process already “marred by voter apathy, mistrust, insecurity, and systemic failures.” Instead of addressing the root causes of low voter turnout, such as electoral violence and vote buying, the association posits that the state is attempting to “force participation through punitive legislation.”

“Democracy is not sustained by coercion. It thrives on consent, participation, and trust,” the NBA asserted, warning that if passed, the bill would erode the essence of free and fair elections by forcing citizens to vote under threat of imprisonment. They believe this could set a dangerous constitutional precedent, allowing the government to punish citizens for refusing to participate in its processes, thereby legitimizing “authoritarian impulses under the guise of electoral reform.”

A Call for Trust, Transparency, and Reform
The NBA has called on the National Assembly to immediately halt all legislative processes related to this “unconstitutional and anti-democratic bill.” The association maintains that Nigeria’s democracy needs “trust, transparency, accountability, and inclusive reforms,” rather than coercion

Instead of punishing non-voters, the NBA urges government and political actors to concentrate on rebuilding the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of the electoral umpire, and conducting voter education to inspire confidence in democratic participation.

Mazi Afam Osigwe, SAN, concluded the statement with a firm declaration: “No citizen should be compelled to vote under threat of prosecution. The NBA will resist any attempt to enforce such draconian provisions and will challenge any law that seeks to weaponize civic participation against the people.”