posted 20th May 2025
NBA Slams Compulsory Voting Bill as Unconstitutional and Draconian
The Nigerian Bar Association (NBA) has strongly condemned a proposed bill to amend the Electoral Act 2022, which seeks to make voting mandatory for all eligible Nigerians. Labelled as an affront to civil liberties and democratic principles, the bill proposes fines of up to ₦100,000 or imprisonment for those who fail to vote, a move the NBA describes as "regressive" and "wholly inconsistent" with Nigeria’s 1999 Constitution.
In a statement issued by NBA President Mazi Afam Osigwe, SAN, the association argued that the bill violates fundamental rights enshrined in the Constitution. Section 39(1), which guarantees freedom of expression, includes the right to silence, dissent, and abstention, while Section 40 protects freedom of association, encompassing the right not to associate. Forcing citizens to vote, the NBA contends, infringes on personal convictions and political freedoms, undermining the voluntary nature of democratic participation.
The NBA criticised the government for attempting to criminalise voter apathy instead of addressing its root causes, such as electoral violence, vote buying, and systemic mistrust in the electoral process. “Democracy is not sustained by coercion. It thrives on consent, participation, and trust,” Osigwe stated, warning that the bill risks legitimising authoritarian measures under the guise of electoral reform.
The association urged the National Assembly to halt the bill’s progress, calling for reforms to rebuild trust in the electoral system, including enhanced security, an independent electoral commission, and robust voter education. The NBA vowed to challenge any law that seeks to “weaponise civic participation” and pledged to resist efforts to enforce such measures.
