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| Mazi Osigwe warns against forced voting sanctions |
On May 20, 2025, the Nigerian Bar Association (NBA) issued a forceful rebuke of the National Assembly’s proposed amendment to the Electoral Act 2022. The bill seeks to make voting compulsory and to fine or jail non-voters. The NBA calls this move a draconian step that undermines civil rights and democratic norms .
The pending bill, co-sponsored by Speaker Tajudeen Abbas and Labour Party lawmaker Daniel Asama Ago, aims to compel all Nigerians of voting age to cast ballots in national and state elections. Sanctions include a ₦100,000 fine or up to six months in prison for non-compliance .
NBA President Mazi Afam Osigwe, SAN, called the bill “unconstitutional and anti-democratic.” He argued that the 1999 Constitution protects freedom of expression, which covers the right to remain silent and to abstain from voting .
Section 39(1) guarantees freedom of expression, including dissent and abstention. Section 40 ensures freedom of association, which covers the right not to take part in group actions. Forcing votes under threat of penalty, the NBA says, conflicts with these safeguards .
Osigwe warned that punitive voting rules would set a dangerous precedent. If the state can criminalize silence, he said, it can later punish other forms of peaceful non-participation. This risks hollowing out civil liberties .
The NBA urged lawmakers to halt the bill’s progress. Instead of coercion, it called for reforms that address low turnout: tackle electoral violence, curb vote-buying, and fix logistical lapses that discourage voters .
Supporters in the National Assembly defend the bill as a tool against voter apathy. They point to Australia, where mandatory voting has boasted turnout above 90 percent. Deputy Speaker Benjamin Kalu cited that model as proof of civic duty in action .
Daniel Asama Ago said the bill would foster greater citizen engagement and curb corrupt vote-selling. He argued that fines could fund voter education programmes and bolster election security .
Human rights lawyer Femi Falana, SAN, also condemned the bill. He called it “unconstitutional and impractical,” noting that it fails to tackle root causes of low turnout, such as distrust in electoral bodies and insecurity .
Civil society groups joined the criticism. “We must build trust, not threats,” said a spokesperson for the Electoral Reform Network. They urged the Assembly to focus on citizen outreach and transparent vote-counting processes.
Analysts warn of enforcement hurdles. INEC would need to track millions of citizens, fine defaulters, and handle jail cases. This strains an already thinly staffed agency, risking selective enforcement and abuse.
Election experts say turnout dips often reflect public disillusionment. Studies show that people skip polls when they see no real choice or expect fraud. In Nigeria’s last polls, turnout hovered around 35 percent, despite large youth populations.
International law scholars note that while compulsory voting exists in some democracies, it typically carries lighter penalties—warnings or small fines. Jail terms are rare and seen as undue coercion.
Comparisons often omit context. Australia offers free transport, weekend voting, and robust civic education. Nigeria’s logistical gaps and security threats in hotspots like the North make compulsion riskier.
Economists warn that fines hit the poor hardest. A ₦100,000 penalty far exceeds many citizens’ monthly income. This risks criminalizing poverty rather than boosting votes.
Legal experts predict that the bill would face swift court challenges. The NBA has vowed to file a suit if it passes. They see strong grounds in constitutional guarantees of choice.
Political scientists argue that forced turnout can backfire. Voters dragged to polls may cast blank ballots or invalid votes, skewing results and inflaming distrust.
Surveys show Nigerians want free elections but fear violence and bribery. Three-quarters of respondents in a 2024 poll said they would vote if they trusted the process, not under threat of jail.
In debates, some lawmakers suggest a middle path: tie civic funds or certain benefits to voting records, rather than jail. This could nudge turnout without criminal steps.
Civil rights advocates urge greater investment in voter education, particularly in rural areas. Mobile campaigns, town-hall meetings, and school curricula can foster voluntary engagement.
Tech experts suggest e-voting trials in safe zones to ease access. Digital ballots, with strong identity checks, may lower the barrier for working citizens and those abroad.
Legal reforms could also strengthen INEC’s independence. A more trusted electoral body would address many turnout concerns without legal compulsion.
International partners, including the EU and UN, have offered to support Nigeria’s election reforms. They back measures to improve transparency, not punish non-voting.
Grassroots groups plan “Vote or Stay Silent” campaigns—open dialogues on why some citizens choose to abstain. These forums aim to uncover real barriers to participation.
Political parties bear responsibility too. Engaging platforms that speak to youth, women, and minorities can drive turnout. When voters see policies that matter, they vote.
In closing, the NBA insists that democracy is built on choice, not coercion. True civic duty grows from trust, clear laws, and fair processes.