The Nigerian Bar Association has said a proposed bill by the House of Representatives recommending mandatory voting or a N100,000 fine for defaulters is “unconstitutional and draconian.”

The NBA president, Afam Osigwe, in a statement on Tuesday, said that the bill, jointly sponsored by the Speaker of the House of Representatives, Dr. Tajudeen Abbas and a member representing Bassa/Jos North Federal Constituency of Plateau State, Daniel Asama, seeking to amend the 2022 Electoral Act, violated civil liberties and democratic values.

According to Mr Osigwe, the bill, “is not only regressive but wholly inconsistent with the spirit and letter of the 1999 Constitution of the Federal Republic of Nigeria (as amended)”.

Citing Section 39(1) of the Constitution which guarantees every citizen the right to freedom of expression, which includes the right to silence, dissent, and abstention, Mr Osigwe, stated that, “in a democracy, the right to vote is a civil liberty, not a legal obligation.

He added that. “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.’’

Expressing displeasure that a democratic government would seek to criminalise non-participation in an electoral process marred by voter apathy, mistrust, insecurity, and systemic failures, the NBA boss stated that the lawmakers should focus on fixing the conditions discouraging voter turnout, such as electoral violence, vote buying, among others, rather than trying to force Nigerians to participate through punitive legislation.

Insisting that democracy cannot be sustained by coercion but on consent, participation, and trust, Mr Osigwe added that, “the moment citizens are forced to vote under the threat of imprisonment, the entire essence of free and fair elections collapses.

“If passed, this bill would set a dangerous constitutional precedent: that the government can punish citizens for refusing to participate in its processes. This opens the door to further erosions of civil liberties and legitimises authoritarian impulses under the guise of electoral reform.’’

The NBA urged the lawmakers to immediately discontinue the passage of what he termed anti-democratic bill, adding that the country’s democracy needed trust, transparency, accountability, and inclusive reforms, rather than coercion.

He stated, “Rather than punish non-voters, government and political actors must focus on rebuilding the integrity of the electoral system, ensuring security on election days, guaranteeing the independence of the electoral umpire, and conducting voter education to inspire confidence in democratic participation.’’

Reiterating that no citizen should be compelled to vote under threat of prosecution, Mr Osigwe stated that the NBA would resist any attempt to enforce such provisions and challenge any law seeking to weaponise civic participation against the people.