The Nigerian Bar Association (NBA) has firmly opposed a proposed amendment to the Electoral Act 2022 that seeks to make voting compulsory for all eligible citizens, describing it as an infringement on civil liberties and democratic rights.
In a statement signed by NBA President, Mazi Afam Osigwe, SAN, and shared via his official Facebook page, the association denounced the bill, which prescribes fines of up to ₦100,000 or imprisonment for failure to vote, calling it “regressive” and “entirely inconsistent” with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The NBA emphasized that voting is a civil liberty not a legal obligation and any attempt to criminalize non-participation undermines the principles of a free and democratic society.
Citing Section 39(1) of the Constitution, Osigwe underscored that freedom of expression includes the right to remain silent, dissent, or abstain from political processes such as voting. He added that Section 40, which guarantees freedom of association, also protects an individual’s right not to engage in political activity if they so choose.
“Forcing citizens to vote under threat of penalties violates both their freedom of expression and their freedom of association,” the NBA asserted. “This bill seeks to weaponize civic duty and turn it into a tool of coercion, rather than encouraging voluntary and informed participation.”
The association also criticized the proposal as a misguided response to Nigeria’s low voter turnout, stating that punitive legislation would not solve the deeper issues of voter apathy, insecurity, and lack of confidence in the electoral system.
Instead, the NBA urged the National Assembly to redirect its efforts toward meaningful reforms improving electoral transparency, ensuring security at polling units, building public trust, and investing in civic education.
“No citizen should be forced to vote under the threat of prosecution,” the statement concluded.
The NBA will strongly oppose and if necessary, challenge in court any attempt to implement such draconian laws that undermine the rights of Nigerians and erode democratic freedoms.
