By Ghazali Ibrahim 
The Nigerian Bar Association (NBA) has rejected a proposed amendment to the Electoral Act 2022 that seeks to make voting compulsory for all eligible Nigerians, warning that such a move violates fundamental rights guaranteed by the Constitution.
In a statement issued on Monday and signed by NBA President, Mazi Afam Osigwe, SAN, the association described the bill as “unconstitutional, draconian, and an affront to civil liberties and democratic values.”
The controversial bill, which prescribes penalties including fines of up to ₦100,000 or imprisonment for citizens who fail to vote during elections, has sparked widespread concern across civil society and legal circles.
But the NBA’s response marks the most forceful opposition yet from a major national institution.
“You cannot jail a citizen for choosing silence,” the statement declared. “In a democracy, the right to vote is a civil liberty, not a legal obligation.”
Citing Section 39(1) of the 1999 Constitution, Osigwe argued that freedom of expression includes the right to dissent, abstain, or remain silent.
“Compelling citizens to vote through coercive legal measures violates their right to choose whether or not to participate in the electoral process,” he said.
The NBA also invoked Section 40 of the Constitution, which guarantees the right to freedom of association, stating that forcing citizens to engage with a political system they no longer trust infringes on their political freedoms and personal convictions.
“The idea that a democratic government would seek to criminalize non-participation in elections—especially in an environment plagued by voter apathy, insecurity, vote-buying, and institutional mistrust is deeply troubling,” Osigwe said.
The association warned that the bill, if passed, would set a dangerous precedent, eroding civil liberties and legitimizing authoritarian tendencies under the guise of electoral reform.
“Democracy is not sustained by coercion. It thrives on consent, participation, and trust,” the statement read.
“The moment citizens are forced to vote under the threat of imprisonment, the entire essence of free and fair elections collapses.”
Rather than punishing non-voters, the NBA urged government and political leaders to address systemic problems plaguing Nigeria’s electoral process.
These include restoring the integrity of elections, ensuring adequate security, and improving public trust in institutions like the Independent National Electoral Commission (INEC).
The NBA called on the National Assembly to immediately discontinue all legislative processes advancing the bill, warning that the association is prepared to challenge it in court if enacted.
“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,” Osigwe stated.
