NBA slams proposed compulsory voting bill, calls it unconstitutional, draconian

The Nigerian Bar Association (NBA) has strongly criticised a proposed bill seeking to make voting compulsory for all eligible Nigerians, warning that the legislation was both unconstitutional and an assault on civil liberties.

In a statement issued on Tuesday and signed by its President, Afam Osigwe, SAN, the NBA described the bill, currently under consideration by the House of Representatives, as a “draconian measure” that undermines democratic principles. The association emphasised that in a democratic society, citizens reserve the right to abstain from voting, and should not be coerced into participation under threat of prosecution.

The contentious bill, which has now passed a second reading in the House, proposes amendments to the Electoral Act 2022 and prescribes penalties of up to six months’ imprisonment or a fine of ₦100,000 for any eligible voter who fails to participate in elections. First introduced in February and sponsored by Speaker Tajudeen Abbas, the bill was re-presented last week by co-sponsor, Daniel Asama. The lawmakers argue that the legislation is necessary to address Nigeria’s historically low voter turnout, which they say weakens democratic institutions.

Asama also suggested that mandatory voting could help curtail vote buying and political apathy, citing similar practices in countries like Australia, Belgium, and Brazil, where compulsory voting has reportedly improved civic engagement and governmental accountability.

However, the NBA firmly rejected these justifications. It noted that the Nigerian Constitution, particularly Sections 39(1) and 40, guarantees the freedom of expression and association, which include the right to dissent and the right not to participate in electoral processes.

“In a democracy, voting is a civil liberty, not a legal obligation,” the NBA stated. “Compelling citizens to vote through coercive measures infringes on their fundamental rights. No citizen should be compelled to vote under threat of prosecution.”

The association also pointed to deeper systemic issues plaguing Nigeria’s elections, including widespread mistrust, insecurity, and vote manipulation. It urged lawmakers to prioritise reforms that build electoral integrity rather than punishing citizens for disengagement.

“Democracy thrives on consent, participation, and trust, not coercion,” the NBA warned. “Forcing citizens to vote under the threat of imprisonment undermines the essence of free and fair elections.”

The statement further cautioned that enacting such a law would set a dangerous precedent, potentially paving the way for future government overreach disguised as reform. It called on the National Assembly to immediately discontinue further consideration of the bill.

Instead, the NBA advised that efforts should be focused on restoring voter confidence through transparent processes, ensuring election-day security, strengthening the independence of electoral bodies, and investing in robust voter education.

Reaffirming its commitment to civil rights, the NBA vowed to resist any attempts to weaponise civic participation against Nigerians. “The NBA will challenge any law that seeks to erode the rights and freedoms of the Nigerian people under the guise of electoral reform,” it concluded.

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