The Nigerian Bar Association has warned lawyers and courts against involvement in the internal affairs of political parties, citing clear provisions of the Electoral Act 2026 which prohibit courts from entertaining jurisdiction over such matters.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
In a press release signed by NBA President Mazi Afam Osigwe, SAN, titled “Our Laws And Democracy Must Be Protected At All Times,” the association threatened disciplinary proceedings against lawyers who file actions aimed at procuring judicial interference in intra-party affairs.
The NBA also called on the National Judicial Council to make regulations to sanction judges who grant orders in violation of statutory provisions, and urged the Independent National Electoral Commission to exercise its supervisory powers with utmost neutrality.
The NBA stated that it has closely monitored recent political and legal developments as the nation 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,” the statement read.
The association highlighted the provisions of Section 83 of the Electoral Act 2026.
“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,'” the NBA stated.
The NBA emphasised that courts are precluded from granting any interim or interlocutory injunctions in such matters.
“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 statement read.
“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.'”
The NBA expressed concern that lawyers and courts are acting in violation of the law.
“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,” the association stated.
“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.”
The NBA condemned what it described as an emerging trend of subverting the Electoral Act.
“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,” the statement read.
“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.”
The association reiterated the purpose of the Electoral Act provisions.
“We must reiterate that these provisions were clearly designed to curb abuse of court processes and discourage forum shopping in political disputes. This is therefore why the NBA is concerned that the abuse, misapplication, or selective deployment of these provisions may create opportunities for manipulation capable of undermining democratic competition and shrinking the political space,” the NBA stated.
The NBA reminded lawyers of their professional responsibilities.
“Members of the Bar are reminded that they are Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives,” the statement read.
“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.”
The NBA warned that it would take firm steps against erring lawyers.
“The NBA will take firm steps to deter such conduct. 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,” the association stated.
“We will not hesitate to present petitions before the Legal Practitioners Disciplinary Committee (LPDC) against any Legal Practitioner found to be engaging in such conduct. This will be pursued decisively to serve as a deterrent and to preserve the sanctity of the judicial process.”
The NBA called on the judiciary to resist involvement in political matters.
“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics. Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from,” the statement read.
“When statutes limit judicial meddling in party affairs, judges must show restraint, adhere to the law, and focus on cases properly before them.”
The association called on the National Judicial Council to take action against erring judges.
“We call on the National Judicial Council to make regulations that will sanction any judge who knowingly assumes jurisdiction in matters clearly barred by law, grants orders in respect of intra-party disputes in violation of statutory provisions, or lends the authority of the court to partisan political maneuvering,” the NBA stated.
“The NBA will not shy away from drawing the NJC’s attention to the actions of any judicial officer found to have acted in a manner inconsistent with the judicial oath, constitutional responsibilities, and the preservation of public confidence in the courts. The NBA will not hesitate to activate its constitutional responsibility to protect the integrity of the justice system.”
The NBA issued a pointed warning to the Independent National Electoral Commission.
“The NBA calls on the Independent National Electoral Commission to exercise its expanded supervisory powers with utmost neutrality, independence, and fidelity to democratic values. 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 read.
The association addressed the INEC Chairman directly.
“The Chairman of INEC, being a distinguished Professor of Law and Senior Advocate of Nigeria, is uniquely positioned to appreciate the constitutional implications of these developments. The NBA expects that the Commission, under his leadership, will ensure that its actions reflect independence, fairness, and strict adherence to democratic norms,” the NBA stated.
“The Bar is closely watching the conduct of the Commission and expects that its regulatory role will strengthen, not diminish, confidence in Nigeria’s democratic process.”
The NBA pledged to deploy all available tools to protect the legal system.
“The Bar will deploy all lawful mechanisms, engagement, advisory opinions, strategic litigation, and disciplinary processes, to ensure that lawyers do not weaponize the legal process so that the judiciary is not misused,” the statement read.
“Lawyers must remain officers of the court, not architects of procedural manipulation.”
The NBA concluded with a strong call for the protection of democratic institutions.
“Nigeria’s democracy must not be weakened by legal maneuvering, institutional capture, or the misuse of judicial authority. The courts must remain arbiters of justice, not instruments of political advantage. Electoral institutions must remain neutral umpires, not participants in political contests,” the statement read.
“The electoral institutions must operate within the bounds of constitutional democracy.”
The NBA’s statement represents a significant intervention in the ongoing crises affecting political parties, particularly the African Democratic Congress and the Peoples Democratic Party.
By citing Section 83 of the Electoral Act 2026, the NBA has essentially declared that the numerous court cases currently affecting political parties — including interim injunctions and status quo orders may be in violation of the law.
The threat of disciplinary action against lawyers who file such cases, and the call for NJC regulations to sanction judges who grant such orders, represents an attempt to use professional accountability mechanisms to enforce the Electoral Act provisions.
For the ADC, PDP, and other parties currently embroiled in court cases over their leadership, the NBA’s position raises questions about the validity of existing court orders.
For INEC, the NBA’s warning that the commission “must not be perceived as a participant in political engineering” echoes criticisms from opposition parties who have accused the electoral body of bias.
The NBA’s statement that it is “closely watching the conduct of the Commission” puts additional pressure on INEC Chairman Professor Joash Amupitan, SAN, a fellow Senior Advocate of Nigeria.
ELECTORAL ACT VIOLATION PRESS RELEASE 10 4 23The press release comes at a critical juncture for Nigeria’s democracy, with multiple opposition parties paralysed by leadership disputes and court orders, raising concerns about the competitiveness of the 2027 elections.
Whether the NBA’s intervention will lead to a resolution of these disputes — or add another layer of controversy remains to be seen.
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
