The Nigerian Bar Association (NBA) has strongly condemned the proposed compulsory voting bill currently under consideration by the House of Representatives, labelling it unconstitutional and draconian.
In a statement signed on Tuesday by NBA President Afam Osigwe, SAN, the association declared that citizens cannot be penalised for choosing not to vote.
Dip Connects Online News reports that the House of Representatives recently passed, for second reading, a bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerian citizens.
Originally introduced in February and sponsored by the Speaker of the House, Tajudeen Abbas, the bill was presented for second reading last week by co-sponsor Daniel Asama. It proposes a penalty of up to six months’ imprisonment or a ₦100,000 fine for any eligible voter who fails to vote during elections.
“No citizen should be compelled to vote under threat of prosecution,” the NBA warned.
“The NBA will resist any attempt to enforce such draconian provisions and will challenge any law that seeks to weaponise civic participation against the people,” the statement added.
The bill's sponsors argue that the penalties are aimed at addressing Nigeria’s chronic low voter turnout, which they say weakens democratic institutions. Asama claimed that mandatory voting could help curb vote buying, electoral apathy, and inducement, citing countries like Australia, Belgium, and Brazil, where similar laws reportedly led to stronger political participation and accountability.
However, the NBA maintained that the bill violates civil liberties and democratic principles, stressing that it contradicts provisions of the 1999 Constitution.
“Section 39(1) guarantees every citizen the right to freedom of expression, which includes the right to remain silent, dissent, and abstain,” the statement noted.
The NBA further cited Section 40, which ensures the right to freedom of association, including the right not to associate, arguing that compelling individuals to vote regardless of their trust in the electoral system violates their personal and political freedoms.
The association criticised the bill for attempting to criminalise non-participation in elections already marred by apathy, mistrust, insecurity, and systemic flaws.
It called on the government to tackle the root causes of low turnout—such as electoral violence, vote buying, and lack of trust in the process—instead of using punitive measures.
“Democracy thrives on consent, participation, and trust, not coercion. Forcing citizens to vote under threat of imprisonment undermines the essence of free and fair elections,” the NBA stated.
The association warned that passing the bill would set a dangerous constitutional precedent, enabling the government to punish non-participation, thereby eroding civil liberties under the guise of reform.
It urged the National Assembly to suspend further legislative action on the bill and instead focus on restoring electoral integrity, ensuring election-day security, guaranteeing INEC’s independence, and enhancing voter education to encourage voluntary democratic participation.
ADEOLA KUNLE
