The Nigerian Bar Association has issued a strong warning to legal practitioners and the judiciary over increasing involvement in the internal affairs of political parties, cautioning that such actions pose a significant threat to Nigeria’s democratic stability as the country approaches the 2027 general elections.
In a detailed statement released on Friday, the association expressed concern over what it described as a growing pattern of litigation designed to draw courts into intra-party disputes, despite clear legal provisions restricting such judicial interference. The statement, signed by the NBA President, Afam Osigwe, underscored the need for strict adherence to the rule of law and respect for the boundaries established by existing electoral legislation.
According to the NBA, recent political developments and legal controversies stemming from interpretations of the Electoral Act 2022 have raised serious constitutional concerns. The association pointed specifically to Section 83 of the Act, which explicitly limits the jurisdiction of courts in matters relating to the internal affairs of political parties. The provision, the NBA noted, was deliberately crafted to safeguard internal party autonomy and prevent undue judicial interference in political processes.
The association further highlighted that the law not only restricts courts from entertaining such disputes but also prohibits the granting of interim or interlocutory injunctions in cases that challenge party structures, leadership, or internal decisions. Instead, courts are required to defer rulings until the final judgment stage while ensuring accelerated hearings where necessary.
Despite these clear statutory provisions, the NBA observed that some courts have continued to entertain such cases, occasionally issuing orders that directly affect party leadership contests and governance structures. This trend, the association warned, risks undermining democratic norms and weakening institutional integrity.
Equally troubling, according to the NBA, is the role played by some legal practitioners in facilitating this development. The association accused certain lawyers of engaging in forum shopping and filing what it described as mala fide applications—cases instituted in bad faith—with the aim of securing favourable judicial outcomes for political actors.
The NBA stated that this practice represents a deliberate attempt to circumvent the law and exploit the judicial system for political advantage. It warned that such conduct not only erodes public confidence in the judiciary but also distorts the democratic process by shifting political contests from party platforms to courtrooms.
“This emerging trend of subverting the clear provisions of the Electoral Act and dragging courts into the internal affairs of political parties through disingenuous litigation does no good for our democracy,” the statement emphasised.
The association stressed that allowing courts to become arenas for resolving intra-party disputes could transform the judiciary into a tool for political manipulation. It argued that the framers of the Electoral Act included the relevant provisions precisely to prevent such abuses and to ensure that political parties retain control over their internal governance mechanisms.
Reaffirming its commitment to upholding professional standards, the NBA reminded lawyers of their ethical obligations, stressing that legal practitioners must not act as agents of partisan interests. It maintained that filing cases intended to provoke judicial intervention in clearly restricted areas constitutes an abuse of court process and a breach of professional responsibility.
The association warned that it would not hesitate to take disciplinary action against any lawyer found to be in violation of these principles. It disclosed that such cases would be referred to the appropriate regulatory bodies, including the Legal Practitioners Disciplinary Committee, for necessary sanctions.
“Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs risk facing disciplinary proceedings,” the NBA cautioned, adding that maintaining the integrity of the legal profession remains a top priority.
Beyond addressing legal practitioners, the NBA also called on the judiciary to exercise caution and restraint in handling politically sensitive cases. It urged judges to resist attempts—no matter how sophisticated—to draw them into matters that the law clearly places outside their jurisdiction.
The association emphasised that judicial overreach in such instances could have far-reaching consequences for the country’s democratic system, particularly in the lead-up to a major electoral cycle.
In addition, the NBA appealed to the National Judicial Council to take decisive action against judicial officers who assume jurisdiction in prohibited matters or issue orders that contradict statutory provisions. It stressed that accountability within the judiciary is essential to preserving public trust and upholding the rule of law.
The association also turned its attention to the Independent National Electoral Commission, urging the electoral body to maintain strict neutrality in all its operations. It warned that any action or decision by the commission that could be interpreted as political interference would undermine democratic pluralism and weaken confidence in the electoral process.
“The Commission must not, under any circumstances, be perceived as a participant in political engineering,” the statement noted, stressing that INEC’s credibility depends on its impartiality.
As Nigeria prepares for the 2027 elections, the NBA reiterated the importance of ensuring that all democratic institutions operate within their constitutional limits. It maintained that safeguarding the integrity of political parties, the judiciary, and the electoral system is critical to the overall health of the nation’s democracy.
The association concluded by reaffirming its commitment to promoting the rule of law and preventing the abuse of judicial processes in political disputes. It emphasised that only through strict adherence to legal and ethical standards can Nigeria achieve a credible, transparent, and stable democratic process.
