The Nigerian Bar Association (NBA) has warned lawyers and courts against involvement in the internal affairs of political parties, warning that such actions could undermine Nigeria’s democratic process ahead of the 2027 general elections.
In a statement issued Friday, the NBA stated that it has witnessed a growing tendency of litigation aimed at pulling courts into intra-party disputes, despite clear statutory prohibitions barring judicial action in such cases.
According to a statement issued by NBA President Afam Osigwe (SAN), recent political and legal developments resulting from the interpretation of the Electoral Act 2022 create severe constitutional and rule-of-law concerns.
The association cited Section 83 of the Electoral Act, which prohibits courts from hearing litigation involving political parties’ internal matters.
It further stated that the statute forbids courts from issuing interim or interlocutory injunctions in such cases.
The statement read in part, “Where any action is brought in negation of this provision, no interim or interlocutory injunction shall be entertained by the court, but the court shall suspend its ruling and deliver it at the stage of final judgment and shall give accelerated hearing to the matter.”
The NBA expressed concern that, contrary to these provisions, courts have continued to entertain such cases, sometimes issuing orders that affect party leadership contests and internal governance structures.
It also accused some lawyers of filing suits aimed at securing judicial intervention in political disputes through forum shopping and what it described as “mala fide applications” to obtain favorable orders.
“This emerging trend of subverting the clear letters of the Electoral Act and dragging courts into the internal affairs of political parties through disingenuous litigation, forum shopping, and mala fide applications designed to secure undemocratic political advantage does no good for our democracy,” the association said.
The NBA warned that continued judicial involvement in such matters could turn court processes into instruments of political manipulation.
It stressed that the relevant provisions of the Electoral Act were designed to prevent abuse of court processes and preserve the integrity of internal party democracy.
The association also reminded lawyers of their professional responsibilities, noting that they should not engage as political agents to achieve partisan goals.
“The filing of actions intended to draw courts into internal political party disputes, particularly where jurisdiction is expressly excluded, constitutes an abuse of court process and a violation of professional responsibility,” it stated.
The NBA threatened to take disciplinary action against any lawyer found to have breached these restrictions.
“Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs, or who seek ex parte or interlocutory orders in clear violation of statutory provisions, risk facing disciplinary proceedings,” it added.
It said it would petition the Legal Practitioners Disciplinary Committee where necessary in order to safeguard the integrity of the legal profession.
The association also urged the judiciary to exercise restraint and avoid being drawn into politically motivated disputes.
“Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from,” it stated.
The NBA further called on the National Judicial Council to sanction judicial officers who assume jurisdiction in matters prohibited by law or grant orders contrary to statutory provisions.
It also advised the Independent National Electoral Commission to maintain neutrality and avoid actions that could be interpreted as political interference.
“The Commission must not, under any circumstances, be perceived as a participant in political engineering or as an institution whose regulatory authority is deployed in a manner that weakens political pluralism,” the statement said.
The association reaffirmed its commitment to using lawful and professional mechanisms to prevent the abuse of judicial processes in political disputes, insisting that both the judiciary and electoral bodies must operate strictly within constitutional limits.
