The Nigerian Bar Association (NBA) on Tuesday kicked against the proposed amendment to the Electoral Act 2022 that would make voting compulsory for all eligible citizens. The amendment includes penalties such as fines or imprisonment for those who fail to vote in an election.
Mazi Afam Osigwe SAN, the NBA President, described the bill as both unconstitutional and draconian. In a press statement he signed, Osigwe said the proposed law contradicts fundamental freedoms guaranteed by the Nigerian constitution and threatens civil liberties and democratic values.
The bill suggests fines up to ₦100,000 or jail time for anyone who does not participate in voting. According to the NBA, this approach goes against the spirit of Nigeria’s 1999 Constitution (as amended). The constitution, particularly Section 39(1), guarantees every citizen the right to freedom of expression, which includes the right to choose silence, abstain from voting, or dissent. In a democracy, voting is considered a right and not a forced duty.
Osigwe also noted that Section 40 protects the freedom of association, which includes the right not to associate. He argued that forcing people to vote, no matter their personal beliefs or trust in the electoral process, violates their political freedoms.
The NBA pointed out that instead of penalizing non-voters, the government should address the real problems discouraging voter turnout. These problems include insecurity, vote buying, and a lack of trust in the electoral system.
The statement reads:
The Nigerian Bar Association (NBA) unequivocally condemns the proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians, describing it as an unconstitutional affront to civil liberties and democratic values.
The bill, which prescribes sanctions including fines of up to ₦100,000 or imprisonment for failure to vote, is not only regressive but wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent, and abstention. In a democracy, the right to vote is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive legal measures violates the fundamental right of Nigerians to decide whether or not to participate in elections.
Also, Section 40 guarantees the right to freedom of association, which includes the right not to associate. 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.
The NBA finds it unacceptable that a democratic government would seek to criminalize non-participation in an electoral process marred by voter apathy, mistrust, insecurity, and systemic failures. Instead of fixing the conditions that discourage voter turnout, such as electoral violence, vote buying, among others, the state is attempting to force participation through punitive legislation.
Democracy is not sustained by coercion. It thrives on consent, participation, and trust. The moment citizens are forced to vote under the threat of imprisonment, the entire essence of free and fair elections collapses.
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 calls on the National Assembly to immediately discontinue any legislative process advancing this unconstitutional and anti-democratic bill. Nigeria’s democracy does not need coercion; it needs trust, transparency, accountability, and inclusive reforms.
Rather than punish non-voters, government and political actors must focus on rebuilding the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of the electoral umpire, and conducting voter education to inspire confidence in democratic participation.
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.
Signed,
Mazi Afam Osigwe, SAN
President, Nigerian Bar Association
