NBA Warns Courts, Lawyers Against Interference In Party Disputes

The Nigerian Bar Association has cautioned legal practitioners and the judiciary against involvement in the internal affairs of political parties, warning that such actions could weaken Nigeria’s democratic system as the 2027 general elections approach.

In a statement issued on Friday, the association said it had noticed an increasing pattern of lawsuits aimed at drawing courts into intra-party conflicts, despite existing legal provisions that limit judicial participation in such matters.

The statement, signed by NBA president, Afam Osigwe (SAN), said recent political and legal developments linked to interpretations of the Electoral Act 2022 raise serious concerns regarding constitutional order and adherence to the rule of law.

The NBA referenced Section 83 of the Act, noting that it bars courts from adjudicating disputes arising from the internal workings of political parties.

It added that the law also prohibits the issuance of interim or interlocutory injunctions in such cases.

The statement read in part, “Where any 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 association expressed concern that, in spite of these clear provisions, courts have continued to entertain such suits, at times issuing rulings that influence party leadership contests and internal administrative structures.

It also accused some lawyers of deliberately filing cases to secure judicial intervention in political disputes through forum shopping and what it described as “mala fide applications” intended to obtain favourable rulings.

“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 does no good for our democracy,” the association said.

The NBA warned that persistent judicial involvement in such matters risks turning court processes into tools for political manipulation.

It emphasised that the relevant provisions of the Electoral Act are meant to curb abuse of judicial processes and protect the integrity of internal party democracy.

The association also reminded lawyers of their ethical obligations, stressing that they must not serve as instruments for partisan interests.

“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,” it said.

The NBA warned that it would take disciplinary measures against any legal practitioner found to have breached these provisions.

“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,” it added.

It further stated that it would petition the Legal Practitioners Disciplinary Committee where necessary to uphold professional standards within the legal community.

The association also called on the judiciary to exercise caution and resist being drawn into politically motivated disputes.

“Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from,” it stated.

The NBA urged the National Judicial Council to sanction judicial officers who assume jurisdiction in cases prohibited by law or issue orders contrary to statutory provisions.

It also advised the Independent National Electoral Commission to remain impartial and avoid actions that could be perceived as political interference.

“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 said.

The association reaffirmed its commitment to deploying lawful and professional measures to curb abuse of judicial processes in political disputes, insisting that both the judiciary and electoral bodies must operate strictly within constitutional boundaries.