The Nigerian Bar Association (NBA) on Friday voiced serious concerns about the escalating trend of court intervention in the internal matters of political parties.
In a statement released and signed by its President, Afam Osigwe, a Senior Advocate of Nigeria, the NBA indicated that these judicial actions, including lawsuits filed by lawyers that seek court rulings on such internal issues, are in direct conflict with the provisions outlined in the Electoral Act.
The association stated, “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, bodes no good for our democracy.”
It further warned, “Such practices, if not immediately curbed, would directly contradict the clear intendment of the Electoral Act and risk transforming the judicial processes into avenues for political score-settling or electoral manipulation.”
While the NBA statement did not specify particular cases, the concerns arise in the wake of a recent Court of Appeal decision concerning the leadership dispute within the African Democratic Congress (ADC).
This protracted internal conflict within the ADC has intensified following the Independent National Electoral Commission's (INEC) recent de-recognition of certain leadership factions, based on its interpretation of the Court of Appeal's ruling. Observers suggest this ongoing crisis could adversely affect the party's prospects in the 2027 elections, with potential exclusion due to upcoming INEC deadlines for party congresses and candidate selection processes.
Leaders from the ADC had previously staged a protest in Abuja to voice their grievances regarding what they described as INEC's perceived bias against the opposition party.
This latest caution from the NBA follows a recent warning issued by the association to judges about engaging in behaviour that demeans or bullies lawyers, particularly in contempt proceedings.
The NBA issued a full statement on Friday, the text of which is provided below:
OUR LAWS AND DEMOCRACY MUST BE PROTECTED AT ALL TIMES
The Nigerian Bar Association has closely monitored recent political and legal developments as the nation gradually approaches the 2027 General Elections. These developments, particularly those arising from the interpretation and potential application of provisions of the Electoral Act 2026, raise serious constitutional, democratic, and rule-of-law concerns that require immediate intervention.
We particularly deprecate the disturbing involvement by lawyers and courts in the internal affairs of political parties despite the clear provisions of the Electoral Act, 2026, which stipulates in Section 83 of the Act that “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”
Not only are courts denied jurisdiction to entertain any matter pertaining to the internal affairs of a political party, but they are also precluded from granting any interim or interlocutory injunction even where any action has been brought in violation of the Act.
The section further provides that “Where such an 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”.
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. 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.
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 malafide applications designed to secure undemocratic political advantage, bodes no good for our democracy.
Such practices, if not immediately curbed, would directly contradict the clear intendment of the Electoral Act and risk transforming the judicial processes into avenues for political score-settling or electoral manipulation.
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