The president of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has said that no Nigerian should be compelled to vote over a proposed bill allegedly threatening a N100,000 fine against non-voters and/ or prosecution.
Osigwe shared his views on Tuesday in a statement tagged “You Cannot Jail a Citizen for Choosing Silence: The Nigerian Bar Association Condemns Compulsory Voting Bill as Unconstitutional and Draconian.”
His reaction comes days after multiple reports stated that a ‘Bill for an Act to Amend the Electoral Act 2022 to Make It Mandatory for All Nigerians of Majority Age to Vote in All National and State Elections and for Related Matters’ is currently before the National Assembly.
Among other things, the proposed bill seeks to make voting compulsory in Nigeria and prescribes a six-month jail term or a fine of N100,000 or both for non-compliance.
The bill is co-sponsored by the Speaker of the House of Representatives, Tajudeen Abbas, and Labour Party lawmaker, Daniel Asama Ago.
NBA Reacts
Reacting to the development, Osigwe, who currently heads the umbrella body of Nigerian lawyers, condemned the proposed bill, describing it as an alleged unconstitutional affront to civil liberties and democratic values.
- He stated that the bill, which prescribes sanctions, is not only regressive but wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent, and abstention.
“In a democracy, the right to vote is a civil liberty, not a legal obligation.
“Compelling citizens to vote through coercive legal measures violates the fundamental right of Nigerians to decide whether or not to participate in elections, ” he added.
- He stressed that Section 40 of Nigeria’s Constitution guarantees the right to freedom of association, which includes the right not to associate.
- He maintained that the NBA finds it unacceptable that a democratic government would seek to criminalize non-participation in an electoral process allegedly marred by voter apathy, mistrust, insecurity, and systemic failures.
He added that instead of fixing the conditions that discourage voter turnout, such as electoral violence, vote buying, among others, the state is allegedly attempting to force participation through what he called “punitive legislation.”
- He warned that if passed, the bill would set a dangerous constitutional precedent: that the government can punish citizens for refusing to participate in its processes while opening the door to further erosions of civil liberties.
“Let it be clear: 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.
- The NBA called on the National Assembly to immediately discontinue any legislative process advancing the said Bill, terming it “unconstitutional and anti-democratic.”
He maintained that Nigeria’s democracy does not need coercion; it needs trust, transparency, accountability, and inclusive reforms.
