Afam Osigwe, NBA president.
The Nigerian Bar Association (NBA) Tuesday roundly condemned a proposed bill designed to alter the Electoral Act 2022 such that voting bocomes compulsory for eligible Nigerians.
Having passed second reading in the House of Representatives, the bill proposes penalties including fines of up to ₦100,000 or imprisonment for citizens who fail to vote in elections.
A statement on Tuesday by Afam Osigwe, NBA president, said such legislation was “regressive” and inconsistent with the provisions of the Constitution.
Osigwe said section 39(1) of the Constitution guarantees the right to freedom of expression, which includes “the right to silence, dissent, and abstention”.
He noted that the right to vote was a civil liberty, not a legal obligation, and warned that compelling citizens to vote through coercion violates their fundamental rights.
The NBA further referenced section 40 of the Constitution, which guarantees freedom of association, noting that it also implies the right not to associate.
The NBA argued that compelling citizens to vote, regardless of their faith in the electoral process, infringes on their personal convictions and political freedoms.
Read the statement: “The NBA finds it unacceptable that a democratic government would seek to criminalise non-participation in an electoral process marred 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.
“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 passage of the bill would set a “dangerous constitutional precedent” by legitimising punitive measures against non-participation in governance, which could pave the way for broader erosion of civil liberties.
“The NBA calls on the National Assembly to immediately discontinue any legislative process advancing this unconstitutional and anti-democratic bill. Nigeria’s democracy does not need coercion; it needs trust, transparency, accountability, and inclusive reforms”.
The Association urged the government to focus on meaningful reforms, including enhancing election security, voter education, and the independence of the Electoral Commission.
Added the statement: “Let it be clear: 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”.
