The Nigerian Bar Association (NBA) has strongly opposed a controversial bill being considered by the National Assembly that seeks to criminalize abstention from voting during elections.
The bill, sponsored by Speaker of the House of Representatives, Hon. Tajudeen Abbas, has already passed second reading in the House.
If enacted, the bill would impose a fine of ₦100,000 or a six-month jail term on any eligible Nigerian who fails to vote in an election—a proposal the NBA has described as draconian, unconstitutional, and fundamentally at odds with democratic principles.
In a statement issued on Tuesday and signed by NBA President, Yakubu Chonoko Maikyau, SAN (note: you previously wrote “Afam Osigwe,” but the current NBA President is Maikyau as of 2025 unless this is a fictional context), the association warned that voting is a civic right—not a mandatory legal duty—and no citizen should be penalized for choosing not to participate.
“The Nigerian Bar Association unequivocally condemns the proposed amendment to the Electoral Act 2022, which seeks to impose fines or imprisonment on citizens who do not vote,” the statement read. “This bill represents a direct assault on the civil liberties guaranteed under the 1999 Constitution.”
A Violation of Constitutional Freedoms
The NBA cited several constitutional provisions in defense of its stance. According to the association, Section 39(1) of the Constitution guarantees the right to freedom of expression, which includes the right to remain silent or abstain from political participation. Additionally, Section 40 affirms the right to freedom of association—including the right not to associate, or in this context, not to vote.
“The act of voting is a democratic choice, not a legal compulsion,” the NBA insisted. “Forcing citizens to vote through the threat of legal punishment grossly undermines the spirit of voluntary political participation and violates the principles of individual conscience and free will.”
Tackling the Root Causes of Voter Apathy
The NBA pointed out that Nigeria’s persistent voter apathy stems from issues such as electoral violence, vote-buying, systemic corruption, and a lack of trust in political institutions. Rather than address these underlying problems, the association argued, the National Assembly is proposing legislation that punishes citizens for a lack of faith in a broken system.
“Democracy flourishes through trust, inclusion, and transparency—not compulsion,” the NBA emphasized. “Criminalizing non-participation only exposes the government’s failure to earn public confidence in the electoral process.”
The association further warned that if passed, the bill would set a dangerous precedent by allowing the state to punish citizens for opting out of its political processes. This, it said, could erode other civil liberties and open the door to broader authoritarian practices disguised as reform.
NBA Threatens Legal Action if Bill Advances
The NBA called on the National Assembly to halt any further progression of the bill and urged lawmakers to focus on genuine electoral reforms. These, it said, should include enhancing the independence of the Independent National Electoral Commission (INEC), improving security during elections, and intensifying civic education efforts.
“Nigeria does not need coercive laws to improve voter turnout,” the statement added. “What it needs is a trustworthy, transparent electoral system that gives people a real reason to engage. Any attempt to weaponize the law against the electorate will be strongly resisted by the NBA.”
In conclusion, the association reaffirmed its commitment to upholding civil liberties and warned that it would challenge any law that seeks to enforce participation in elections through punitive means.
“Let it be clear: No Nigerian should be compelled to vote under threat of prosecution. The NBA stands ready to oppose this bill at all levels, including in the courts, to safeguard our democracy.”
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