The Nigerian Bar Association (NBA) has voiced strong opposition to a recent bill introduced in the House of Representatives aiming to make voting mandatory for all eligible Nigerian citizens. The bill, backed by House Speaker Tajudeen Abbas and Labour Party lawmaker Daniel Asama Ago, proposes penalties such as fines up to ₦100,000 or imprisonment of six months for those who do not participate in national and state elections.
NBA’s Concerns
In a formal statement titled “You Cannot Jail a Citizen for Choosing Silence,” NBA President Mazi Afam Osigwe, SAN, condemned the bill, labeling it unconstitutional and overly harsh. He argued that voting is a fundamental civil right, not an obligation enforceable by law. According to him, compelling citizens to vote under threat of punishment infringes on constitutional freedoms guaranteed by Sections 39(1) and 40 of the 1999 Constitution, which protect freedom of expression and association.
The NBA criticized the bill for attempting to criminalize voter abstention without addressing the underlying reasons behind low voter turnout, such as insecurity, mistrust in the electoral process, and systemic challenges like electoral violence and vote-buying. Instead of punishing non-participation, the association insists that reforms should focus on improving the electoral environment to encourage genuine voter engagement.
Wider Opposition and Implications
Other groups, including human rights organizations like Hope Behind Bars Africa, have also raised concerns, describing the bill as a dangerous overreach that threatens civil liberties. Critics argue that mandatory voting could unfairly penalize marginalized populations who face difficulties accessing polling stations, and it could place additional strain on Nigeria’s correctional system.
Current Status and Recommendations
The bill has passed a second reading in the House of Representatives and awaits further debate in the National Assembly. Supporters claim compulsory voting would boost political participation, but opponents, led by the NBA, urge lawmakers to prioritize addressing root causes of voter apathy rather than imposing punitive measures.
The NBA calls on the legislature to reconsider the bill and focus on reforms that restore public trust and security in Nigeria’s electoral processes, fostering voluntary and meaningful voter participation.
