Top Nigerian lawyers and civil society groups have rejected a bill seeking to make voting compulsory for all eligible citizens. They described the proposal as unconstitutional, dangerous, and a threat to Nigeria’s democracy.
The bill, introduced by Speaker of the House of Representatives Hon. Abbas Tajudeen, aims to amend the Electoral Act 2022. It proposes fines of up to N100,000 or jail time for anyone who refuses to vote in national or state elections. The bill recently passed its second reading in the House.
But the Nigerian Bar Association (NBA) strongly opposes the bill. NBA President, Mazi Afam Osigwe, SAN, described it as “an unconstitutional affront to civil liberties.”
Osigwe said in a statement, “Democracy is not sustained by coercion. It thrives on consent, participation, and trust. The moment citizens are forced to vote under threat of imprisonment, the entire essence of free and fair elections collapses.”
He argued that the bill violates Section 39(1) of the 1999 Constitution, which guarantees freedom of expression—including the right to abstain from voting. He added that penalizing non-voters would only damage democracy further.
“No citizen should be compelled to vote under threat of prosecution. Such coercive measures risk legitimizing authoritarianism under the guise of reform,” Osigwe said.
Human rights lawyer Femi Falana, SAN, also rejected the bill, calling it “an unnecessary and dangerous distraction.”
“You don’t fix democracy by criminalizing dissent or forcing participation through fear of punishment,” he said.
Falana argued that low voter turnout is due to deep public distrust in Nigeria’s electoral system.
“Nigerians are tired of a system that repeatedly fails to reflect their will,” he said.
He warned that punishing non-voters will only push more people away from the democratic process. “Rather than punishing victims of a broken system, the government should fix the system,” Falana said.
Dr. Joseph Nwobike, SAN, described the bill as “unconstitutional, meaningless, and misplaced.” He said voting must remain a voluntary act in any real democracy.
Nwobike said, “It is as unconstitutional as it is impracticable and unenforceable. The bill should be withdrawn.”
Another lawyer, Abiodun Adediran Olatunji, SAN, also criticized the proposal. He said the law would not solve the problem of voter apathy.
Olatunji said, “Voting is a constitutional right, not a compulsory obligation. To criminalise the non-exercise of this right is to pervert its very essence.”
He explained that poor voter turnout is caused by insecurity, vote-rigging, and loss of trust in INEC and politicians—not laziness.
“Why are Nigerians not voting? Because they believe the system is rigged and that their votes don’t count. In a democracy, the right to vote includes the right not to vote,” he said.
Olatunji called for solutions such as strengthening INEC, enforcing campaign finance laws, and ensuring election security.
Lawyer Aderele Adegorioye also rejected the bill, describing it as “unjust, unfair, and dangerously unconstitutional.”
He said, “It will violate the constitutional provisions relating to freedom of expression. Once citizens are confident their votes will count, they will participate willingly without the threat of imprisonment.”
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Legal expert Elvis Asia agreed. He said Nigeria is not ready for such a law because its elections are still plagued by vote-buying, ballot-snatching, and rigging.
Asia said, “Our electoral process is still broken. How can you compel people to participate in a system they don’t trust?”
While the bill’s supporters argue that compulsory voting will increase participation and make elections more representative, critics say it is the wrong solution for Nigeria’s current problems.
“Citizen engagement cannot be forced—it must be inspired. Fix the system first, then people will vote,” said Olatunji.