Nigerian Bar Association Condemns Proposed Compulsory Voting Bill: A Threat to Civil Liberties and Democracy in Nigeria

 

The Nigerian Bar Association (NBA), one of Nigeria’s most respected legal bodies, has issued a powerful and urgent condemnation of a recently proposed amendment to the Electoral Act 2022. This proposed legislation seeks to make voting compulsory for every eligible Nigerian citizen — an idea that has sparked heated debate across the country.

In a strongly worded statement signed by NBA President Mazi Afam Osigwe, SAN, and published on his official Facebook page, the association unequivocally denounced the bill as a direct violation of fundamental civil liberties and democratic principles enshrined in Nigeria’s constitution. This post from the NBA has ignited conversations nationwide about the balance between encouraging voter participation and respecting individual freedoms.

What Does the Proposed Amendment Say?

The controversial bill recommends that all eligible Nigerian voters must participate in elections. It proposes penalties, including hefty fines of up to ₦100,000 or imprisonment, for those who choose not to vote. Proponents of this legislation argue that compulsory voting could enhance civic engagement, reduce apathy, and strengthen Nigeria’s democracy by ensuring higher voter turnout.

However, many critics, including the NBA, warn that forcing citizens to vote under threat of legal punishment is a dangerous overreach by the government and contrary to democratic values.

NBA’s Legal and Constitutional Objections

The NBA’s opposition centers on the fact that the bill contradicts the Nigerian Constitution, particularly the freedoms guaranteed under sections 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Section 39(1) protects freedom of expression, which the NBA rightly interprets as encompassing not only the right to speak but also the right to remain silent, to dissent, and to abstain from participating in certain civic duties if an individual so chooses. The NBA argues:

“Voting is a civil liberty, not a legal obligation, and coercing citizens to vote under threat undermines their fundamental rights.”

Furthermore, Section 40 guarantees the freedom of association, which the NBA highlights includes the right not to associate or align with any political party or candidate. Forcing citizens to vote, especially when they may feel alienated or uninspired by the available political options, infringes on this constitutional right. This is a vital protection in any democracy that respects personal freedoms.

By pushing this amendment, the government risks trampling on these foundational rights that protect individual autonomy and choice.

Why Compulsory Voting is Problematic in Nigeria’s Context

While compulsory voting has been implemented in some countries such as Australia and Belgium, Nigeria’s unique social, political, and security challenges make this approach particularly contentious.

The NBA points out that voter turnout in Nigeria is impacted by factors beyond citizens’ willingness to participate. These include:

• Insecurity and violence: Many Nigerians fear for their safety when going to polling stations due to past incidences of electoral violence and unrest.

• Electoral malpractice: Corruption, ballot stuffing, and vote rigging have eroded public trust in the electoral process.

• Political disillusionment: Widespread dissatisfaction with politicians and political parties leads many to feel that voting is futile or does not translate to meaningful change.

Instead of punishing citizens who abstain from voting, the NBA urges the government to tackle these root causes to genuinely encourage voter engagement. The association calls for reforms that will rebuild public confidence, such as improving security at polling stations, ensuring transparency in vote counting, and launching robust voter education campaigns.

Democracy is Built on Consent, Not Coercion

The NBA’s statement drives home an essential truth about democracy: it flourishes not through coercion or fear but through consent, voluntary participation, and mutual trust between the government and its citizens.

In its declaration, the NBA warns:

“Democracy is not sustained by coercion. It thrives on consent, participation, and trust.”

The proposed bill, by threatening legal action against non-voters, undermines the very essence of free and fair elections. It risks setting a dangerous precedent where civic rights become weaponized and citizens’ participation becomes something forced rather than freely chosen.

The Call to Action: Focus on Electoral Reforms, Not Punitive Laws

Rather than advancing this controversial bill, the NBA has called on the National Assembly — Nigeria’s legislative arm — to halt any further legislative action on the proposal. Instead, the association urges lawmakers to prioritize:

• Rebuilding trust in the electoral system

• Enhancing transparency and accountability in elections

• Ensuring security for voters

• Investing in comprehensive voter education programs

By addressing these critical areas, the government can foster genuine civic engagement without infringing on constitutional freedoms or resorting to punitive measures.

The NBA concludes its statement with a firm stance:

“No citizen should be compelled to vote under threat of prosecution.”

And,

“The NBA will resist and legally challenge any attempt to enforce such draconian provisions that weaponize civic participation against the people.”

Implications for Nigeria’s Democratic Future

This clash over compulsory voting is more than a legal debate; it reflects the broader challenges Nigeria faces in nurturing a healthy democracy. It highlights tensions between the desire to boost voter turnout and the imperative to uphold civil liberties.

If the government insists on criminalizing voter abstention, it risks alienating many citizens and deepening distrust in the political system. On the other hand, ignoring the underlying reasons why many Nigerians abstain from voting could allow apathy and disenfranchisement to persist.

The Nigerian Bar Association’s intervention reminds us that democracy is complex and fragile. It requires laws and policies that respect individual rights, protect freedoms, and build inclusive systems where citizens feel empowered—not coerced—to participate.

Why This Matters for NaijaRush Readers and Nigerians Everywhere

At NaijaRush, we believe informed citizens are the backbone of democracy. This proposed amendment to the Electoral Act 2022 is a critical issue affecting every Nigerian’s right to freely engage in the country’s political process.

Understanding the NBA’s legal objections and the broader context behind compulsory voting helps Nigerians grasp the stakes involved. It also emphasizes the importance of advocating for electoral reforms that strengthen democracy without compromising constitutional freedoms.

As Nigerians prepare for future elections, keeping a close eye on this debate and supporting efforts to improve electoral integrity will be essential steps toward a more participatory and just democracy.