Compulsory Voting Bill Illegal, Draconian~ NBA
The Nigerian Bar Association (NBA) has strongly criticized the proposed bill on compulsory voting currently before the House of Representatives, labeling it unconstitutional and oppressive.
In a statement released on Tuesday and signed by its President, Afam Osigwe (SAN), the NBA stressed that citizens have the right to abstain from voting without facing penalties.
According to *PUNCH Online*, the House recently advanced to the second reading a bill seeking to amend the Electoral Act 2022 to mandate voting for all eligible Nigerians.
Originally introduced in February by Speaker Tajudeen Abbas and re-presented last week by co-sponsor Daniel Asama, the bill proposes penalties of up to six months in prison or fines of up to ₦100,000 for eligible citizens who fail to vote.
The bill’s sponsors argue that mandatory voting could curb low voter turnout, reduce electoral apathy, and minimize vote buying. Asama cited examples from countries like Australia, Belgium, and Brazil, where compulsory voting has reportedly led to greater political engagement and accountability.
Despite these justifications, the NBA firmly opposed the bill, calling it a breach of fundamental civil rights and contrary to democratic norms. The association maintained that the proposed law is incompatible with the provisions of the 1999 Constitution.
“Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to remain silent, dissent, and abstain.
“In a democracy, voting is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive measures infringes on their fundamental rights,” the statement read.
The NBA further cited Section 40 of the Constitution, which guarantees the right to freedom of association, including the right not to associate, stressing that, “Compelling individuals to vote, regardless of their faith in the electoral process or the choices available, violates their personal convictions and political freedoms”.
The association criticised the bill for attempting to criminalise non-participation in an electoral process plagued by voter apathy, mistrust, insecurity, and systemic flaws.
It urged the government to address the causes of low voter turnout, such as electoral violence and vote buying, instead of imposing 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, allowing the government to punish citizens for non-participation in its processes.
“This would pave the way for further erosions of civil liberties under the guise of electoral reform,” it cautioned.
The NBA called on the National Assembly to immediately halt any legislative processes advancing the bill.
It stressed that Nigeria’s democracy requires trust, transparency, accountability, and inclusive reforms—not coercion.
The statement also urged the government and political actors to focus on restoring the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of electoral bodies, and conducting robust voter education to inspire confidence in democratic participation.
“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 weaponise civic participation against the people,” the NBA vowed.
5/20/2025, 3:30:18 PM
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