NBA opposes compulsory voting bill

The Nigerian Bar Association (NBA) has condemned the proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians.

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The NBA described the bill as draconian and unconstitutional, saying it is a direct affront to civil liberties.

In a statement signed by the NBA President, Afam Osigwe, the group said the bill violates fundamental rights guaranteed under the 1999 Constitution and undermines democratic principles.

The proposed legislation, seeking to make it mandatory for Nigerians of “Maturity Age to Vote in all National and State Elections” has scaled second reading in the House of Representatives.

The bill was sponsored by the House Speaker, Tajudeen Abbas, and Daniel Ago.

The bill prescribes sanctions including fines of up to N100,000 or six months imprisonment for eligible Nigerians who fail to vote. “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),” the NBA President said.

“Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent, and abstention. In a democracy, the right to vote is a civil liberty, not a legal obligation.”

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The group also cited Section 40 of the constitution which guarantees the right to freedom of association, which includes the right not to associate.

“Compelling an individual to vote, regardless of their faith in the electoral process or options presented, amounts to a violation of their personal convictions and political freedoms,” Mr Osigwe said.

The NBA frowned at the proposal, saying it is an attempt to criminalise non-participation in a system already grappling with electoral violence, systemic flaws, insecurity, and mistrust. It argued that voter apathy is a symptom, not a cause, and should be addressed through institutional reform, security guarantees, and voter education.

“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.”

Nigerians’ aversion to voting is well documented. The voter turnout was abysmal in the 2023 general election, the lowest since Nigeria’s independence. In 36 states, less than half of the eligible population turned out to vote, and no state had a turnout above 40 per cent.

Still, Mr Osigwe said the proposed bill would set a dangerous precedent if allowed to pass. “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.”

PREMIUM TIMES reports that apart from the NBA, many civil society organisations including YIAGA Africa have also opposed the bill.

ALSO READ: Yiaga opposes bill to make voting compulsory in Nigeria

The NBA urged the National Assembly to immediately discontinue any legislative process advancing this “unconstitutional and anti-democratic bill,” adding that, “Nigeria’s democracy does not need coercion; it needs trust, transparency, accountability, and inclusive reforms.”

“Rather than punish non-voters, government and political actors must focus on rebuilding the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of the electoral umpire, and conducting voter education to inspire confidence in democratic participation.”

“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 association said.