You cannot jail a citizen for choosing silence as vote is civil liberty—Afam Osigwe,NBA president condemns proposed forced & compulsory voting

The Nigerian Bar Association (NBA) has strongly condemned a proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians, describing the move as “unconstitutional, draconian, and a threat to democratic freedom.”

In a statement personally signed by its President,Mazi Afam Osigwe, SAN, the NBA denounced the bill—which proposes fines of up to ₦100,000 or imprisonment for failure to vote—as a direct assault on civil liberties guaranteed by the 1999 Constitution (as amended).

“You cannot jail a citizen for choosing silence,” Osigwe declared. “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.”

Citing Section 39(1) of the Constitution, which guarantees freedom of expression, the NBA stressed that this right includes the liberty to dissent or abstain from voting. “Democracy is not sustained by coercion. It thrives on consent, participation, and trust,” the statement added.

The Association further expressed concern that the government is targeting non-voters for punishment, instead of addressing the root causes of voter apathy such as electoral violence, vote buying, insecurity, and lack of public trust in the electoral system.

“If passed, this bill would set a dangerous constitutional precedent—punishing citizens for refusing to participate in government processes. It opens the door to further erosions of civil liberties under the guise of electoral reform,” Osigwe warned.

The NBA called on the National Assembly to immediately discontinue the legislative process on the bill, asserting that what Nigeria’s democracy needs is not coercion but trust, transparency, accountability, and inclusive electoral reforms.

“Rather than punish non-voters, government and political actors must focus on rebuilding the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of the electoral umpire, and conducting voter education,” the statement continued.

The NBA vowed to challenge any attempt to enforce such “draconian provisions,” saying it will resist all efforts to criminalize the right to abstain.

“No citizen should be compelled to vote under threat of prosecution,” Osigwe emphasized. “The NBA stands ready to defend the constitutional rights of Nigerians against any attempt to weaponize civic participation.”