The Nigerian Bar Association has strongly rejected a proposed law that would make voting compulsory for Nigerians, calling it “unconstitutional” and “draconian.”
The bill, which recently passed second reading in the House of Representatives, seeks to amend the Electoral Act 2022 to punish eligible Nigerians who refuse to vote during elections.
According to the bill, people who fail to vote could face up to six months in prison or pay a fine of ₦100,000. It is sponsored by the Speaker of the House, Tajudeen Abbas, and was presented by lawmaker Daniel Asama.
Asama argued that making voting mandatory would help reduce voter apathy, vote buying, and increase public trust in elections. He also pointed to countries like Australia, Belgium, and Brazil, where compulsory voting laws are in place.
But the NBA said the bill goes against the Nigerian Constitution and the basic rights of citizens. In a statement signed by its President, Afam Osigwe (SAN), on Tuesday, the NBA said:
“Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to remain silent, dissent, and abstain.
In a democracy, voting is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive measures infringes on their fundamental rights.”
The NBA also referred to Section 40 of the Constitution, which gives citizens the right to freedom of association—including the right not to associate.
“Forcing people to vote, even when they have lost faith in the system, violates their political freedom and personal beliefs,” the statement added.
The legal body warned that criminalising non-participation in elections could set a dangerous example and weaken civil rights.
“Democracy thrives on consent, participation, and trust—not on force,” the NBA said.
“Punishing people for not voting in an election full of mistrust, insecurity, and vote buying is not the solution.”
The NBA asked the National Assembly to stop work on the bill and instead focus on real electoral reforms.
“Nigeria needs trust, transparency, and good leadership—not threats and punishments,” the association said.
The group also called on the government to deal with issues that make people avoid elections, such as violence, insecurity, and poor election management.
“No citizen should be forced to vote with the fear of going to jail. The NBA will resist and challenge any law that tries to use civic participation as a weapon against the people,” it warned.
