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, calling it a blatant violation of constitutional rights and democratic principles.
The bill, which recommends penalties of up to ₦100,000 in fines or imprisonment for non-compliant voters, was described by the NBA as “regressive, unconstitutional, and fundamentally undemocratic.”
In a statement signed by its President, Mazi Afam Osigwe, SAN, the association emphasized that mandating electoral participation under threat of punishment contravenes Section 39(1) of the 1999 Constitution, which guarantees freedom of expression—including the right to abstain.
“In a democracy, the right to vote is a civil liberty, not a legal obligation. Compelling citizens through coercion infringes on their constitutional freedoms,” Osigwe stated.
The NBA also cited Section 40, which protects freedom of association, arguing that it encompasses the right to opt out of political participation.
Instead of penalizing non-voters, the NBA urged the government to tackle the underlying causes of voter apathy, such as insecurity, electoral violence, vote-buying, and widespread mistrust in the electoral system.
“Democracy thrives on consent, not coercion,” Osigwe warned. “Threatening citizens with imprisonment for not voting undermines the integrity of free and fair elections.”
The NBA called on the National Assembly to halt the legislative process of the bill, warning that it sets a dangerous precedent for the erosion of civil liberties under the guise of reform.
“No citizen should be compelled to vote under threat of prosecution. The NBA will oppose and challenge any attempt to enforce such provisions,” the statement concluded.