Compulsory voting bill violates civil liberties, democratic principles- NBA

The Nigerian Bar Association has condemned the proposed compulsory voting bill under consideration by the House of Representatives, describing it as unconstitutional and draconian.

NBA, in a statement signed by its President, Afam Osigwe, SAN, on Tuesday, emphasised that citizens cannot be punished for choosing to abstain from voting.

The NBA rejected the bill, describing it as a violation of civil liberties and democratic principles.

In its statement, the NBA asserted that the bill is inconsistent with the 1999 Constitution.

“Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to remain silent, dissent, and abstain.In a democracy, voting is a civil liberty, not a legal obligation. Compelling citizens to vote through coercive measures infringes on their fundamental rights,” the statement read.

The NBA further cited Section 40 of the Constitution, which guarantees the right to freedom of association, including the right not to associate, stressing that, “Compelling individuals to vote, regardless of their faith in the electoral process or the choices available, violates their personal convictions and political freedoms”.

The association criticised the bill for attempting to criminalise non-participation in an electoral process plagued by voter apathy, mistrust, insecurity, and systemic flaws. It urged the government to address the causes of low voter turnout, such as electoral violence and vote buying, instead of imposing punitive measures.

It would be recalled that the House of Representatives recently passed for the second reading, a bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians of voting age.

The proposed legislation includes a provision for a maximum penalty of six months’ imprisonment or a fine of up to ₦100,000 for Nigerians of voting age who fail to vote during elections.