The Nigerian Bar Association (NBA) has strongly condemned a proposed amendment to the Electoral Act 2022 seeking to make voting compulsory for all eligible Nigerians, describing it as a gross violation of constitutional rights and democratic principles.
The bill, which proposes penalties including fines of up to ₦100,000 or imprisonment for eligible voters who fail to participate in elections, was criticised by the NBA as “regressive, unconstitutional, and fundamentally undemocratic.”
In a statement signed by its President, Mazi Afam Osigwe, SAN, the NBA asserted that forcing citizens to vote under threat of legal punishment contradicts the 1999 Constitution, particularly Section 39(1) which guarantees freedom of expression—including the right to remain silent or abstain.
“In a democracy, the right to vote is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive measures violates their constitutional freedoms,” the statement read.
The NBA further argued that Section 40, which guarantees freedom of association, equally protects the right not to participate in political processes when a citizen chooses not to.
Rather than criminalising voter apathy, the NBA urged the government to address the root causes of declining turnout, including insecurity, electoral violence, vote-buying, and distrust in the electoral system.
“Democracy thrives on consent, not coercion. When citizens are forced to vote under threat of imprisonment, the very foundation of free and fair elections is undermined,” Osigwe said.
Warning that the bill could set a dangerous constitutional precedent, the NBA stated that such legislation opens the door to broader erosion of civil liberties under the guise of reform.
The association called on the National Assembly to immediately discontinue the bill’s legislative process and instead focus on reforms that build public trust and transparency in elections.
“No citizen should be compelled to vote under threat of prosecution. The NBA will resist and legally challenge any attempt to enforce such provisions,” the statement concluded.