Our Reporter, Abuja
Following the legal crossfire over the leadership crisis that has engulfed the African Democratic Congress (ADC), the Nigerian Bar Association has expressed concern over what it described as growing judicial interference in the internal affairs of political parties, warning that the trend could undermine Nigeria’s democracy ahead of the 2027 feneral election.
In a statement signed by its President, Afam Osigwe on Friday, the association said recent political and legal developments linked to the interpretation of the Electoral Act 2026 raise “serious constitutional, democratic, and rule-of-law concerns.”
The NBA cited Section 83 of the Electoral Act, which bars courts from entertaining suits related to the internal affairs of political parties, noting that the law also prohibits courts from granting interim or interlocutory injunctions in such matters.
It, however, lamented that lawyers and courts have continued to flout these provisions.
“What we now see are situations where actions are not only instituted in courts by lawyers in clear violation of the Act, but courts purportedly grant interim and/or interlocutory injunctions in clear contempt of statutory provisions of the law. This does not augur well for our democracy,” the statement read.
The association warned that the increasing resort to litigation over intra-party disputes, including what it described as forum shopping and “malafide applications,” risks turning the judiciary into a tool for political manipulation.
According to the NBA, such practices contradict the intent of the Electoral Act, which was designed to curb abuse of court processes and discourage undue judicial involvement in party politics.
The body reminded lawyers of their ethical obligations, stressing that members of the Bar are “ministers in the temple of justice” and not political actors.
It cautioned that legal practitioners who file cases aimed at drawing courts into intra-party disputes, especially where jurisdiction is expressly excluded, risk disciplinary action.
The NBA said it would not hesitate to petition the Legal Practitioners Disciplinary Committee against any lawyer found culpable of such conduct.
“The filing of actions intended to draw courts into internal political party disputes… constitutes an abuse of court process and a violation of professional responsibility,” it said.
The association also called on the National Judicial Council to sanction judges who assume jurisdiction in matters clearly barred by law or grant orders that violate statutory provisions.
It urged the judiciary to remain vigilant and resist being drawn into what it termed “political theatrics,” insisting that courts must adhere strictly to the law and preserve public confidence in the justice system.
The NBA further charged the Independent National Electoral Commission to exercise its supervisory powers with neutrality and independence, warning against any perception of involvement in political engineering.
“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 added.
Reaffirming its commitment to safeguarding the legal system, the NBA said it would deploy all lawful mechanisms, including disciplinary processes and strategic litigation, to prevent the misuse of judicial authority.
“Courts must remain arbiters of justice, not instruments of political advantage,” the association said, stressing that Nigeria’s democracy must be protected from “legal maneuvering, institutional capture, and the misuse of judicial authority.”
