NBA Condemns Compulsory Voting Bill
The Nigerian Bar Association (NBA) has strongly opposed a bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerian citizens.
In a statement signed by NBA President Afam Osigwe, the association described the proposal as “draconian, unconstitutional, and anti-democratic,” emphasizing that it violates fundamental civil liberties enshrined in the 1999 Constitution.
Bill Seeks to Penalize Non-Voters
The controversial bill, which has already scaled second reading in the House of Representatives, aims to compel all Nigerians of voting age to participate in national and state elections.
Sponsored by Speaker Tajudeen Abbas and Representative Daniel Ago, the bill proposes penalties including fines of up to ₦100,000 or six months imprisonment for eligible citizens who fail to vote.
According to the NBA, such punitive measures are incompatible with democratic norms.
“It is not only regressive but wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended),” said Mr. Osigwe.
Violations of Fundamental Rights
The NBA cited specific constitutional provisions that the bill would violate:
Right to Freedom of Expression
Section 39(1) of the 1999 Constitution guarantees every citizen the right to freedom of expression, a right that includes the freedom to remain silent, abstain, or dissent.
“In a democracy, the right to vote is a civil liberty, not a legal obligation,” Osigwe asserted.
Right to Freedom of Association
The NBA also referenced Section 40, which upholds the right to freely associate or not associate with any political process or group.
“Compelling an individual to vote, regardless of their trust in the electoral system, infringes on their political freedoms and personal convictions,” the statement added.
Voter Apathy Is a Symptom, Not a Crime
The NBA argued that criminalizing voter apathy ignores the underlying issues plaguing Nigeria’s electoral process, such as:
Electoral violence
Vote buying
Systemic distrust
Insecurity
Rather than threatening citizens with jail time, the NBA urged the government to tackle these issues through:
Electoral reforms
Independent oversight
Election-day security
Comprehensive voter education
“Democracy is not sustained by coercion. It thrives on consent, participation, and trust,” Osigwe noted.
Civil Society Groups Join Opposition
The NBA is not alone in its opposition. Prominent civil society organizations, including YIAGA Africa, have also condemned the bill, warning that it could erode democratic values and worsen public disengagement.
Call to Action: Withdraw the Bill
The NBA called on the National Assembly to immediately halt the legislative process for the bill, urging lawmakers to prioritize rebuilding democratic trust.
“Nigeria’s democracy does not need coercion; it needs transparency, accountability, and inclusive reform,” the NBA declared.
The association also vowed to challenge the bill through legal channels if it moves forward:
“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.”
