The Nigerian Bar Association (NBA) has strongly criticized a bill proposed by the National Assembly that seeks to make voting compulsory for all eligible Nigerians.
The bill, which proposes penalties of up to N100,000 in fines or imprisonment for citizens who abstain from voting, has been described by the NBA as “unconstitutional,” “draconian,” and a “grave assault” on democratic freedoms.
The NBA argues that coercing citizens to vote undermines the fundamental civil liberties enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended).
According to the association, voting is a right, not a duty enforceable by penal law. Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent, and abstention.
The NBA emphasized that Section 40 of the Constitution also guarantees the right to freedom of association, which includes the right not to associate.
Compelling citizens to vote through coercive legal measures violates their fundamental right to decide whether or not to participate in elections.
The NBA has called on the National Assembly to immediately halt any further consideration of the bill and urged lawmakers to prioritize reforms that promote transparency, accountability, and inclusiveness in the electoral process. The association believes that real democratic participation cannot be legislated through threats but cultivated through trust in the system.
Nigeria has historically grappled with low voter turnout, with just over 27% of registered voters participating in the 2023 general elections, according to the Independent National Electoral Commission (INEC). The NBA argues that instead of punishing citizens for not voting, the government should address the root causes of voter apathy, such as systemic disenfranchisement, vote-buying, and insecurity on election days.
The NBA has vowed to resist any attempt to enforce such draconian provisions and will challenge any law that seeks to weaponize civic participation against the people. The association believes that no citizen should be compelled to vote under threat of prosecution.
