NBA Condemns Compulsory Voting Bill as Unconstitutional, Draconian
By Ebi COLLINS
The Nigerian Bar Association (NBA) has strongly criticized a proposed amendment to the Electoral Act 2022 that seeks to make voting mandatory for all eligible Nigerians, describing the bill as unconstitutional and a violation of civil liberties.
The Nigerian Bar Association made this known in a statement issued and signed by its President, Afam Osigwe, on May 20, 2025.
The bill, currently before the National Assembly, proposes penalties including fines of up to ₦100,000 or imprisonment for eligible voters who fail to participate in elections. The NBA argues that such measures are regressive and inconsistent with the 1999 Constitution of the Federal Republic of Nigeria.
“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 stated. “In a democracy, the right to vote is a civil liberty, not a legal obligation.”
The association further contends that compelling citizens to vote through coercive legal measures violates their fundamental rights to decide whether or not to participate in elections. It emphasizes that democracy thrives on consent, participation, and trust, not coercion.
The NBA calls on the National Assembly to discontinue any legislative process advancing this bill and urges the government to focus on rebuilding the integrity of the electoral system, ensuring security on election days, and conducting voter education to inspire confidence in democratic participation.
“No citizen should be compelled to vote under threat of prosecution,” the NBA asserts. “We will resist any attempt to enforce such draconian provisions and will challenge any law that seeks to weaponize civic participation against the people.”
The NBA’s stance adds to the growing opposition against the bill, with various civil society organizations and legal experts expressing concerns over its implications for democratic freedoms in Nigeria.
