The Nigerian Bar Association has strongly condemned a proposed bill before the House of Representatives seeking to make voting compulsory for all eligible Nigerians, describing it as unconstitutional, draconian, and an affront to civil liberties.
In a statement issued on Tuesday and signed by its President, Afam Osigwe (SAN), the NBA argued that the bill violates fundamental rights guaranteed under the 1999 Constitution and undermines democratic principles.
The bill, currently at its second reading in the House, seeks to amend the Electoral Act 2022 to impose mandatory voting, with penalties of up to N100,000 in fines or six months’ imprisonment for eligible citizens who abstain from elections.
Sponsored by Speaker Tajudeen Abbas and co-sponsored by Daniel Asama, the bill’s proponents claim it is aimed at addressing low voter turnout, vote buying, and electoral apathy—issues they say threaten Nigeria’s democratic foundations.
Asama cited countries like Australia, Belgium, and Brazil, where compulsory voting has been credited with boosting voter participation and accountability.
However, the NBA categorically rejected this rationale.
“Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to remain silent, dissent, and abstain,” the NBA stated. “In a democracy, voting is a civil liberty—not a legal obligation.”
The association also cited Section 40, which protects freedom of association, including the right not to associate or participate in state processes.
“Compelling individuals to vote, regardless of their faith in the electoral process or the choices available, violates their personal convictions and political freedoms.”
The NBA criticised the proposal as an attempt to criminalise non-participation in a system already grappling with electoral violence, systemic flaws, insecurity, and mistrust. It argued that voter apathy is a symptom, not a cause, and should be addressed through institutional reform, security guarantees, and voter education.
“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 NBA said.
The statement warned that passing the bill would set a dangerous precedent, potentially opening the door to more government overreach under the guise of reform.
“This would pave the way for further erosions of civil liberties. No citizen should be compelled to vote under threat of prosecution.”
The NBA called on the National Assembly to halt the legislative process immediately, and urged the government to focus on restoring electoral integrity, security, transparency, and public trust in the voting process.
“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,” the NBA stated.