TDThe Nigerian Bar Association (NBA) has warned the judiciary and lawyers to desist from handling suits involving internal affairs of political parties.
NBA made the call in a strong statement issued by its president, Mazi Afam Osigwe, SAN
Osigwe elucidated on the role of the judiciary and lawyers in safeguarding democracy.
He warned against judicial interference in the internal affairs of political parties as the 2027 General Elections approaches .
The NBA insists that the clear provisions of the Electoral Act 2026 must be respected to prevent abuse of court processes and protect Nigeria’s democratic institutions.
The Legal Context
At the heart of the NBA’s concerns is Section 83 of the Electoral Act 2026, which explicitly bars courts from entertaining suits related to the internal affairs of political parties.
The section further prohibits courts from granting interim or interlocutory injunctions in such matters.
It mandated, instead, that rulings be delivered only at the stage of final judgment with accelerated hearings.
Despite these provisions, the NBA laments that lawyers continue to file actions in violation of the Act.
Meanwhile, courts sometimes grant injunctions in defiance of statutory restrictions.
“Democracy will not thrive in a situation where lawyers and courts take actions and decisions that not only negate our laws but also do violence to them,” the NBA declared.
Abuse of Court Processes
Osigwe further condemned the growing trend of forum shopping, disingenuous litigation, and malafide applications designed to secure political advantage.
According to the NBA, these practices undermine the spirit of the Electoral Act.
They also risk turning judicial processes into tools for political score-settling.
The NBA emphasized that the provisions of the Act were designed to curb abuse of court processes and discourage manipulation of political disputes.
Selective application of these provisions, it warned, could shrink Nigeria’s political space and erode democratic competition.
Lawyers’ Responsibility
The NBA reminded members of the Bar that they are “Ministers in the Temple of Justice” and not political agents.
The Association condemned filing suits intended to draw courts into intra-party disputes where jurisdiction is expressly excluded.
It said such action constitutes an abuse of process and a breach of professional responsibility.
To deter misconduct, the NBA announced plans to pursue disciplinary measures:
- Lawyers who deliberately file such actions risk petitions before the Legal Practitioners Disciplinary Committee (LPDC).
- Those seeking ex parte or interlocutory orders in violation of the Act will face sanctions.
- The Association pledged decisive action to preserve the sanctity of the judicial process.
Judiciary’s Role
The NBA urged the judiciary to resist being drawn into political theatrics.
Courts, it said, must decline invitations to intervene in matters explicitly barred by law.
Judges were reminded to show restraint, adhere to statutory limits, and focus on cases properly within their jurisdiction.
The Association also called on the National Judicial Council (NJC) to sanction judges who knowingly assume jurisdiction in intra-party disputes or grant orders in violation of statutory provisions.
“The NBA will not hesitate to activate its constitutional responsibility to protect the integrity of the justice system,” the statement read.
INEC’s (Ir)Responsibility
Turning to the Independent National Electoral Commission (INEC), the NBA stressed the importance of neutrality and independence.
It warned that the Commission must not be perceived as a participant in political engineering or as an institution that weakens political pluralism.
The NBA noted that the INEC Chairman, a distinguished Professor of Law and Senior Advocate of Nigeria, is uniquely positioned to appreciate the constitutional implications of these developments.
The Bar expects the Commission’s regulatory role to strengthen confidence in Nigeria’s democratic process.
Broader Implications
The NBA pledged to deploy all lawful mechanisms—including advisory opinions, strategic litigation, and disciplinary processes—to ensure that lawyers do not weaponize the legal system.
It emphasized that:
1. Lawyers must remain officers of the court, not architects of manipulation.
2. Courts must remain arbiters of justice, not instruments of political advantage.
3. Electoral institutions must remain neutral umpires, not participants in political contests.
As Nigeria edges closer to the 2027 elections, the NBA’s statement serves as a powerful reminder of the need to protect the rule of law and democratic institutions.
By holding lawyers, judges, and electoral bodies accountable, the Association seeks to ensure that democracy is not weakened by legal maneuvering or institutional capture.
Headline Message:
“Our laws and democracy must be protected at all times.”
