The Nigerian Bar Association (NBA) has unequivocally condemned a proposed bill currently before the National Assembly that seeks to make voting compulsory for all eligible citizens and impose stiff penalties, including fines or imprisonment, for non-compliance. The bill, sponsored by the Speaker of the House of Representatives, Tajudeen Abbas, has already passed its second reading in the Green Chamber.
Under the proposed legislation, citizens who fail to cast their votes during an election could face a fine of ?100,000 or a six-month imprisonment.
In a strong statement released on Tuesday, signed by its President, Afam Osigwe, the NBA fiercely criticized the legality of the bill, labeling it “unconstitutional” and “draconian.” Osigwe sternly warned against punishing citizens for exercising their right not to vote, emphasizing that active participation in a democratic process is best fostered through transparency and trust, not coercion.
The NBA urged the National Assembly to instead focus on enacting laws that would genuinely improve the integrity of the electoral process.
The statement read: “The Nigerian Bar Association (NBA) unequivocally condemns the proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians, describing it as an unconstitutional affront to civil liberties and democratic values.”
It further stressed that the bill, with its prescribed sanctions, “is not only regressive but wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”
The NBA specifically highlighted Sections 39(1) and 40 of the Constitution, which guarantee the right to freedom of expression (including the right to silence, dissent, and abstention) and the right to freedom of association, respectively. “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 asserted.
The association expressed its dismay that a democratic government would seek to criminalize non-participation in an electoral process already plagued by voter apathy, mistrust, insecurity, and systemic failures. “Instead of fixing the conditions that discourage voter turnout, such as electoral violence, vote buying, among others, the state is attempting to force participation through punitive legislation,” the NBA stated.
“Democracy is not sustained by coercion. It thrives on consent, participation, and trust. The moment citizens are forced to vote under the threat of imprisonment, the entire essence of free and fair elections collapses.”
The NBA warned that if passed, the bill could set a “dangerous constitutional precedent,” legitimizing authoritarian impulses under the guise of electoral reform and paving the way for further erosion of civil liberties.
Concluding its statement, the NBA called on the National Assembly to “immediately discontinue any legislative process advancing this unconstitutional and anti-democratic bill.” It reiterated that Nigeria’s democracy requires trust, transparency, accountability, and inclusive reforms, rather than punishment for non-voters.
“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,” the statement concluded.
