By Olaitan Ibrahim
The Nigerian Bar Association (NBA) has strongly condemned the proposed bill to amend the Electoral Act 2022, which seeks to make voting compulsory for all eligible Nigerians.
In a statement signed by NBA President, Mazi Afam Osigwe, SAN, and posted on his Facebook page, the association described the bill as a blatant violation of civil liberties and democratic principles.
The bill, which imposes fines up to ₦100,000 or imprisonment for failure to vote, was criticized by the NBA as regressive and wholly inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Citing Section 39(1) of the Constitution, the NBA emphasized that every citizen has the right to freedom of expression, which includes the right to silence, dissent, and abstention from voting. The association argued that voting is a civil liberty, not a legal obligation, and that compelling citizens to vote under threat of punishment undermines their fundamental rights.
The NBA further referenced Section 40 of the Constitution, which guarantees freedom of association, including the right not to associate, asserting that forcing individuals to vote against their political convictions violates their personal freedoms.
Highlighting the current challenges of voter apathy, insecurity, and electoral malpractice, the NBA criticized the government for attempting to force voter participation through punitive laws rather than addressing the root causes discouraging turnout.
“Democracy is not sustained by coercion. It thrives on consent, participation, and trust,” the statement read, warning that the bill would erode the essence of free and fair elections and set a dangerous precedent for further violations of civil liberties.
The NBA called on the National Assembly to immediately halt any legislative progress on the bill, urging instead that efforts focus on restoring trust in the electoral process through transparency, accountability, security, and voter education.
The association concluded firmly: “No citizen should be compelled to vote under threat of prosecution. The NBA will resist and legally challenge any attempt to enforce such draconian provisions that weaponize civic participation against the people.”