NBA Slams Bill Mandating Compulsory Voting, Labels It Unconstitutional And Dangerous
The Nigerian Bar Association (NBA) has strongly condemned a proposed bill seeking to make voting compulsory for all eligible Nigerians. The bill, which recommends a fine of ₦100,000 or imprisonment for non-voters, is currently before the National Assembly.
NBA President, Mazi Afam Osigwe, SAN, described the bill as draconian, unconstitutional, and a threat to Nigeria’s democratic values. He issued this statement on Monday in response to growing concerns about the legislative proposal to amend the Electoral Act 2022.
The NBA stated that forcing citizens to vote violates Section 39(1) of the 1999 Constitution, which guarantees freedom of expression. This freedom, the association said, includes the right to remain silent or to abstain from political participation.
According to Osigwe, compelling Nigerians to vote undermines the principle that civic rights must be exercised voluntarily. “Democracy does not thrive on coercion but on consent and trust,” the NBA President said.
The NBA also cited Section 40 of the Constitution, which protects freedom of association. Osigwe argued that forcing participation in elections contradicts the spirit of political liberty guaranteed by the Constitution.
The NBA criticised the government for attempting to criminalise non-participation in elections instead of addressing the real causes of voter apathy. These causes include electoral violence, insecurity, vote buying, and a lack of public confidence in the electoral process.
Rather than punishing citizens, the NBA urged the government to reform electoral processes and ensure safe and credible elections. The bill, if passed, would set a dangerous precedent and undermine citizens’ constitutional rights, Osigwe warned.
The NBA called on the National Assembly to halt the bill’s progression and instead pursue reforms that promote voluntary civic engagement and democratic trust.
Osigwe concluded by stating that the NBA would challenge any attempt to enforce such provisions, promising to protect civil liberties and resist laws that threaten democracy.
