NBA Raises Alarm Over Court Interference in Party Affairs, Warns Against Threat to 2027 Elections

Bar Association cautions lawyers, judiciary, and INEC against actions that could undermine Nigeria’s democracy

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By Umar Baba | Abuja, Nigeria

The Nigerian Bar Association (NBA) has expressed concern over recent political and legal developments ahead of the 2027 general elections, warning that certain practices could erode constitutional order and democratic integrity.

The association called for strict adherence to the provisions of the Electoral Act 2026, particularly regarding judicial involvement in internal party disputes.

In a statement signed by its President, Afam Osigwe (SAN), the NBA criticised what it described as increasing attempts by lawyers and courts to interfere in the internal affairs of political parties, despite explicit legal prohibitions.

Citing Section 83 of the Electoral Act 2026, the NBA stressed that courts lack jurisdiction to entertain matters relating to intra-party disputes. The provision also bars courts from granting interim or interlocutory injunctions in such cases, even where suits are filed.

According to the association, recent developments suggest that some legal practitioners are instituting cases in violation of the law, while courts allegedly grant orders that contradict statutory provisions.

Concerns Over Abuse of Legal Process
The NBA warned that the growing trend of “forum shopping,” disingenuous litigation, and the use of ex parte orders to gain political advantage poses a serious threat to Nigeria’s democratic system.

It noted that such practices undermine the intent of the Electoral Act, which was designed to prevent abuse of court processes and ensure that political disputes are not weaponised through the judiciary.

The association emphasised that allowing judicial processes to be used for political maneuvering could shrink democratic space and weaken electoral competition ahead of 2027.

Disciplinary Measures for Erring Lawyers
The NBA reminded its members of their professional obligations, stressing that lawyers must act as custodians of justice rather than agents of partisan interests.

It warned that legal practitioners who file suits aimed at drawing courts into internal party matters, or who seek prohibited court orders, risk disciplinary action.

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The association said it would not hesitate to petition the Legal Practitioners Disciplinary Committee (LPDC) against any lawyer found culpable, adding that such measures are necessary to preserve the integrity of the legal profession and judicial process.

Call for Judicial Restraint, NJC Oversight
The NBA also urged the judiciary to exercise caution and resist being drawn into politically motivated litigation.

It called on the National Judicial Council (NJC) to establish and enforce regulations that would sanction judges who assume jurisdiction in matters clearly barred by law or grant orders in violation of statutory provisions.

According to the association, judicial officers must uphold their constitutional responsibilities and maintain public confidence in the courts.

INEC Urged to Maintain Neutrality
The NBA further called on the Independent National Electoral Commission (INEC) to exercise its supervisory powers with neutrality and independence.

It warned that the electoral body must not be perceived as an active participant in political processes or as an institution enabling partisan advantage.

The association expressed confidence that INEC’s leadership would ensure strict adherence to democratic principles, noting that its actions would significantly influence public trust in the electoral system.

Reaffirming its commitment to safeguarding Nigeria’s democracy, the NBA said it would deploy all lawful mechanisms, including advisory interventions, strategic litigation, and disciplinary actions, to prevent abuse of the legal system.

It stressed that the judiciary must remain an impartial arbiter, while electoral institutions must operate within the bounds of constitutional democracy as the nation prepares for the 2027 general elections.