Afam Osigwe SAN NBA President
NBA President
The Nigerian Bar Association (NBA) has added another dimension to the lingering crisis rocking the African Democratic Congress (ADC), threatening sanctions against lawyers who institute court cases that draws the judiciary into internal disputes within political parties.
Political Economist NG reports that the Electoral Act 2026 has barred courts from adjudicating on political parties’ matters especially as it pertains to their internal crisis.
In a statement released Friday, the NBA said it was worried by what it described as a growing trend whereby legal practitioners and courts meddle in intra-party matters, despite clear provisions of the law.
“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.”
The body of lawyers stated that the law explicitly bars courts from entertaining cases relating to the internal affairs of political parties.
Drawing legality from Section 83 of the Electoral Act 2026, it said, “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.
“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.”
“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 NBA stated.
The statement continued: “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 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 will take firm steps to deter such conduct. Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs… risk facing disciplinary proceedings. 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.”
