The Nigerian Bar Association (NBA) has condemned a proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians, warning that the bill is unconstitutional and a threat to democratic freedoms.
In a statement issued by its president, Afam Osigwe, SAN, the NBA described the bill, which proposes penalties including fines of up to ₦100,000 or imprisonment for those who fail to vote, as a “draconian affront” to civil liberties enshrined in the 1999 Constitution of the Federal Republic of Nigeria.
“The bill is not only regressive but wholly inconsistent with the spirit and letter of the Constitution. You cannot jail a citizen for choosing silence,” the statement read.
Citing Section 39(1) of the Constitution, the association argued that the right to freedom of expression includes the right to remain silent and abstain from political participation.
The NBA further called attention to Section 40, which guarantees freedom of association, including the right not to associate, as grounds to reject any attempt to force citizens to vote.
“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 noted
According to Osigwe, “Democracy is not sustained by coercion. It thrives on consent, participation, and trust.
“The moment citizens are forced to vote under threat of imprisonment, the entire essence of free and fair elections collapses.”
The NBA expressed concern that the bill, if passed, could establish a dangerous precedent where refusal to engage in government processes becomes a criminal offence.
The body warned that such a move would erode civil liberties and legitimise authoritarian impulses under the guise of electoral reform.
The association also criticised the government for attempting to address low voter turnout with punitive legislation rather than by resolving the root causes of electoral apathy, including insecurity, vote buying, and systemic irregularities.
The NBA called on the National Assembly to halt all legislative processes related to the proposed amendment, urging lawmakers to focus instead of rebuilding public confidence in the electoral system through reforms that promote transparency, security, and voter education.
“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.
