…Calls It Unconstitutional and Draconian
The Nigerian Bar Association (NBA) has come down hard on a controversial bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians, describing it as “unconstitutional,” “draconian,” and a “dangerous precedent” that threatens civil liberties.
In a strongly worded statement issued on Tuesday by its President, Mazi Afam Osigwe, SAN, the NBA warned that forcing Nigerians to vote under threat of fines or jail time is a direct attack on the fundamental freedoms guaranteed in the 1999 Constitution.
According to the proposed bill, eligible voters who fail to cast their ballot during elections may face penalties of up to ₦100,000 or imprisonment.
The NBA has rejected this outright, arguing that participation in elections should be a right, not an obligation enforced by law.
Quoting Section 39(1) of the Constitution, the association stressed that Nigerians have the right to freedom of expression, which includes the right to remain silent or abstain from political processes.
“In a democracy, the right to vote is a civil liberty, not a legal obligation,” the NBA said. “Compelling citizens to vote through coercive legal measures violates the fundamental right of Nigerians to decide whether or not to participate in elections.”
The association also referenced Section 40 of the Constitution, which guarantees freedom of association, including the right not to associate.
According to the statement, “In the same spirit, 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.”
Osigwe noted that rather than address the real issues behind low voter turnout, such as insecurity, vote buying, and distrust in the system, the government is “attempting to force participation through punitive legislation.”
He warned that, “If passed, this bill would set a dangerous constitutional precedent: that the government can punish citizens for refusing to participate in its processes. This opens the door to further erosions of civil liberties and legitimizes authoritarian impulses under the guise of electoral reform.”
The NBA is urging the National Assembly to immediately discontinue the legislative process on the bill, calling instead for reforms that rebuild public confidence in elections, enhance security, promote transparency, and improve voter education.
“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 weaponize civic participation against the people,” Osigwe warned.
“Democracy is not sustained by coercion. It thrives on consent, participation, and trust,” the statement concluded.
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