The Nigerian Bar Association (NBA) has strongly condemned the proposed compulsory voting bill currently before the House of Representatives, calling it “unconstitutional and draconian.”
In a statement issued on Tuesday by its President, Afam Osigwe, SAN, the NBA asserted that citizens cannot be penalized for choosing not to vote.
The bill, which seeks to amend the Electoral Act 2022 to mandate voting for all eligible Nigerians, recently passed its second reading.
It was initially introduced in February by Speaker Tajudeen Abbas and later presented by co-sponsor Daniel Asama.
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The proposed legislation includes a penalty of up to six months’ imprisonment or a ₦100,000 fine for eligible citizens who fail to vote.
The bill’s sponsors argue that these penalties are necessary to combat low voter turnout, which they believe weakens democratic institutions and enables issues like vote buying.
Asama specifically cited countries like Australia, Belgium, and Brazil as examples where mandatory voting has reportedly led to increased political participation and accountability.
However, the NBA firmly rejected the bill, deeming it a violation of civil liberties and democratic principles.
The association stated that the bill contradicts the 1999 Constitution, specifically citing Section 39(1), which guarantees freedom of expression, including the right to remain silent, dissent, and abstain.
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The NBA emphasized, “In a democracy, voting is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive measures infringes on their fundamental rights.”
The NBA further referenced Section 40 of the Constitution, which protects the right to freedom of association, including the right not to associate.
They argued that “Compelling individuals to vote, regardless of their faith in the electoral process or the choices available, violates their personal convictions and political freedoms.”
The association criticized the bill for attempting to criminalize non-participation in an electoral process already marred by voter apathy, mistrust, insecurity, and systemic flaws. Instead, the NBA urged the government to address the root causes of low voter turnout, such as electoral violence and vote buying, rather than imposing punitive measures.
The NBA asserted, “Democracy thrives on consent, participation, and trust, not coercion. Forcing citizens to vote under threat of imprisonment undermines the essence of free and fair elections.”
The association warned that passing such a bill would set a dangerous constitutional precedent, potentially eroding civil liberties under the guise of electoral reform.
The NBA called on the National Assembly to immediately halt all legislative actions on the bill.
It stressed that Nigeria’s democracy requires trust, transparency, accountability, and inclusive reforms, not coercion.
The statement also urged the government and political actors to focus on restoring integrity to the electoral system, ensuring election day security, guaranteeing the independence of electoral bodies, and conducting thorough voter education to build confidence in democratic participation.
The NBA concluded by vowing, “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 weaponise civic participation against the people.”
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