NBA Warns Against Judicial Interference in Party Politics Ahead of 2027

The Nigerian Bar Association (NBA) has issued a stern warning to lawyers and the judiciary to cease involvement in the internal affairs of political parties.

In a statement released on Friday by NBA President Afam Osigwe (SAN), the association cautioned that subverting the Electoral Act 2022 through “disingenuous litigation” poses a direct threat to the integrity of Nigeria’s democratic process.

The Legal Barrier: Section 83 of the Electoral Act

The NBA highlighted that Section 83 of the Electoral Act 2022 expressly restricts courts from entertaining suits related to the internal governance of political parties. Key legal constraints mentioned include:

• No Interim Injunctions: The law prohibits courts from granting interim or interlocutory injunctions in intra-party disputes.

• Suspended Rulings: If such an action is brought, the court is mandated to suspend its ruling until the final judgment stage while providing an accelerated hearing to the matter.

• Jurisdictional Limits: The Act is designed to prevent courts from being turned into tools for political manipulation and to preserve internal party democracy.

Concerns Over “Mala Fide” Litigation

The association expressed deep concern over the “emerging trend” of lawyers and politicians bypassing these statutory limits. Specific abuses identified by the NBA include:

• Forum Shopping: Filing cases in specific courts to secure favorable or biased outcomes.

• Mala Fide Applications: Submitting applications in bad faith to gain undemocratic political advantages.

• Judicial Overreach: Instances where courts continue to issue orders affecting party leadership and internal governance despite clear legal prohibitions.

Accountability and Sanctions

The NBA announced that it will no longer tolerate professional misconduct aimed at drawing the judiciary into political engineering:

• For Lawyers: The NBA will initiate disciplinary proceedings before the Legal Practitioners Disciplinary Committee (LPDC) against any lawyer found filing actions where jurisdiction is expressly excluded.

• For Judges: The association called on the National Judicial Council (NJC) to sanction judicial officers who assume jurisdiction in prohibited matters or grant orders contrary to the law.

A Call for Neutrality

The statement concluded with an appeal to the Independent National Electoral Commission (INEC) to remain a neutral arbiter.

The NBA stressed that INEC’s regulatory authority must never be used to weaken political pluralism or participate in “political engineering.” Both the legal profession and electoral bodies were urged to operate strictly within constitutional and statutory limits to safeguard the 2027 general elections.