The Nigerian Bar Association (NBA) has raised serious concerns over what it described as the growing involvement of courts and lawyers in the internal disputes of political parties, warning that the trend could weaken Nigeria’s democracy ahead of the 2027 general elections.
In a statement issued on Friday, the association cautioned both legal practitioners and members of the judiciary to avoid actions that may drag the courts into political battles within parties. The NBA said such interference goes against the provisions of the law and could damage public trust in the democratic process.
The statement was signed by the President of the NBA, Afam Osigwe (SAN), who stressed that recent developments linked to the interpretation of the Electoral Act 2022 have raised serious concerns about the rule of law in the country.
According to the NBA, there has been an increase in court cases filed by politicians seeking to resolve internal party disagreements through the judiciary, even when the law clearly limits such actions. These disputes often involve issues such as party leadership, candidate selection, and internal governance.
The association pointed specifically to Section 83 of the Electoral Act, which it said clearly restricts courts from entertaining cases that relate to the internal affairs of political parties.
It further explained that the law also bars courts from granting interim or interlocutory injunctions in such matters. Instead, any case brought before a court in violation of this provision should only be decided at the stage of final judgment, after a full hearing.
The statement quoted part of the law, noting that courts are expected to suspend rulings on such matters until the end of the case while ensuring that hearings are conducted quickly.
Despite these clear provisions, the NBA expressed concern that some courts have continued to entertain such cases and, in some instances, have issued orders that directly affect the leadership and structure of political parties.
According to the association, this trend poses a serious risk to Nigeria’s democracy, especially as the country prepares for another election cycle in 2027.
“This emerging trend of subverting the clear letters of the Electoral Act and dragging courts into the internal affairs of political parties does no good for our democracy,” the NBA said.
The body warned that if the situation is not addressed, court processes could become tools for political manipulation, where individuals use legal means to gain advantage in party struggles rather than following internal democratic processes.
Political party disputes are not new in Nigeria. Over the years, disagreements over primaries, leadership tussles, and candidate nominations have often ended up in court. In many cases, court rulings have played decisive roles in determining party candidates and even election outcomes.
However, legal experts have long argued that excessive reliance on the courts to settle such disputes weakens internal party democracy and shifts political decisions away from party members to judges.
The NBA said the relevant provisions of the Electoral Act were introduced to address this problem by limiting judicial involvement and encouraging political parties to resolve their issues internally.
The association also accused some lawyers of contributing to the problem by filing cases aimed at securing court orders that favour their clients in political disputes.
It described such actions as “forum shopping,” where lawyers move from one court to another in search of favourable rulings, as well as “mala fide applications,” which are filed in bad faith.
According to the NBA, these practices not only abuse the legal system but also undermine the integrity of the legal profession.
“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,” the statement said.
The association reminded lawyers of their professional responsibilities, stressing that they must not act as political agents or tools for achieving partisan goals.
It warned that any lawyer found to be engaging in such conduct risks facing disciplinary action.
“Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs risk facing disciplinary proceedings,” the NBA said.
The body added that it would not hesitate to report such lawyers to the Legal Practitioners Disciplinary Committee, which is responsible for handling cases of professional misconduct among lawyers.
In addition to warning lawyers, the NBA also called on the judiciary to exercise caution and avoid being drawn into politically motivated disputes.
It urged judges to strictly follow the law and decline cases that fall outside their jurisdiction, no matter how they are presented.
“Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from,” the association stated.
The NBA further called on the National Judicial Council to take action against judicial officers who ignore these legal limits and assume jurisdiction in prohibited matters.
According to the association, such actions not only violate the law but also risk eroding public confidence in the judiciary as an independent institution.
The statement also addressed the role of the Independent National Electoral Commission (INEC), urging it to remain neutral in all political matters.
The NBA warned that INEC must avoid any actions that could give the impression that it is taking sides or influencing political outcomes.
“The Commission must not, under any circumstances, be perceived as a participant in political engineering,” the statement said.
INEC plays a key role in overseeing elections and regulating political parties in Nigeria, making its neutrality essential to the credibility of the electoral process.
If not properly managed, such disputes could lead to a flood of court cases, as seen in previous election cycles.
In past elections, conflicting court orders and prolonged legal battles have sometimes created confusion within parties and affected the conduct of elections.
The NBA’s latest statement appears to be an effort to prevent a repeat of such situations by reminding all stakeholders of the need to respect the law and follow due process.
The association reaffirmed its commitment to protecting the integrity of the legal profession and ensuring that the justice system is not misused for political purposes.
It stressed that both the judiciary and electoral bodies must operate strictly within the limits set by the Constitution and relevant laws.
As Nigeria moves closer to another election period, the role of institutions like the NBA, the judiciary, and INEC will be closely watched.
For now, the message from the legal body is clear: political parties must resolve their internal issues without dragging the courts into matters that the law has already placed outside judicial control.