The Nigerian Bar Association (NBA) has warned the National Assembly against passing a bill that would jail any Nigerian that refused to vote during elections.
Recall that the bill sponsored by the Speaker of the House of Representatives, Tajudeen Abbas, has passed second reading in the Green Chamber.
The bill proposed a fine of ₦100,000 or six imprisonment for citizens who fail to vote during an election.
In a statement on Tuesday, signed by its president, Afam Osigwe, NBA faulted the legality of the bill and described it as draconian.
Osigwe warned that no citizens should be punished for refusing to vote, which is within his or her right. He reminded the National Assembly members that transparent electoral process encourages citizens active participation in democratic process.
NBA urged NASS to make laws that would improve the integrity of the electoral process.
It read: “The Nigerian Bar Association (NBA) unequivocally condemns the proposed bill seeking to amend the Electoral Act 2022 to make voting compulsory for all eligible Nigerians, describing it as an unconstitutional affront to civil liberties and democratic values.
“The bill, which prescribes sanctions including fines of up to ₦100,000 or imprisonment for failure to vote, is not only regressive but wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Section 39(1) of the Constitution guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent, and abstention. In a democracy, 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.
“Also, Section 40 guarantees the right to freedom of association, which includes the right not to associate. In the same spirit, compelling an individual to vote, regardless of their faith in the electoral process or options presented, amounts to a violation of their personal convictions and political freedoms.
“The NBA finds it unacceptable that a democratic government would seek to criminalize non-participation in an electoral process marred by voter apathy, mistrust, insecurity, and systemic failures. Instead of fixing the conditions that discourage voter turnout, such as electoral violence, vote buying, among others, the state is attempting to force participation through punitive legislation.
“Democracy is not sustained by coercion. It thrives on consent, participation, and trust. The moment citizens are forced to vote under the threat of imprisonment, the entire essence of free and fair elections collapses.”
