AHEAD of the 2027 general elections, the Nigerian Bar Association (NBA) has warned that growing judicial interference in the internal affairs of political parties poses a serious threat to the country’s democracy.
In a statement issued on Friday by its President, Afam Osigwe, SAN, the association said it had been closely monitoring recent political and legal developments, particularly those relating to the interpretation and application of the Electoral Act.
The NBA expressed concern that lawyers and courts are increasingly engaging in matters explicitly barred by law, citing Section 83 of the Electoral Act, which prohibits courts from assuming jurisdiction over disputes relating to the internal affairs of political parties, including the granting of interim or interlocutory injunctions in such cases.
The association said: “Not only are courts denied jurisdiction to entertain any matter pertaining to the internal affairs of a political party, they are also precluded from granting any interim or interlocutory injunction, even where such actions have been brought in violation of the Act.
“The section further provides that where such an action is instituted in contravention of this provision, no interim or interlocutory injunction shall be entertained by the court. Rather, the court shall suspend its ruling until final judgment and give the matter accelerated hearing.”
According to the NBA, there have been instances where lawyers file suits in clear violation of this provision, and courts proceed to grant orders regardless.
The association described such actions as an abuse of court process, warning that they could undermine democratic principles and turn the judiciary into a tool for political manipulation.
It noted that the misuse of legal processes for political advantage risks eroding public confidence in the justice system and cautioned its members to uphold their professional responsibilities.
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The NBA decried situations where actions are instituted in courts in clear violation of the Electoral Act, and courts purportedly grant interim or interlocutory injunctions in disregard of statutory provisions.
“This does not augur well for our democracy. Democracy cannot thrive where lawyers and courts take actions and decisions that not only negate our laws but also do violence to them.
“This emerging trend of subverting the clear provisions 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 bodes ill for our democracy,” Osigwe said.
The NBA president stressed that lawyers, as ministers in the temple of justice, must not act as agents of partisan interests.
He warned that any legal practitioner found deliberately filing cases to draw courts into intra-party disputes could face disciplinary action before the Legal Practitioners Disciplinary Committee (LPDC).
The association also called on the National Judicial Council (NJC) to establish and enforce measures to sanction judges who assume jurisdiction in matters clearly barred by law or grant orders in intra-party disputes in violation of statutory provisions.
It added that the NBA would not hesitate to draw the NJC’s attention to any judicial officer found to have acted inconsistently with the judicial oath, constitutional responsibilities, and the need to preserve public confidence in the courts.
In the statement, the NBA also urged the Independent National Electoral Commission (INEC) to exercise its expanded supervisory powers with utmost neutrality, independence, and fidelity to democratic values.
“The Ccommission 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.
It added that the INEC Chairman, a distinguished Professor of Law and Senior Advocate of Nigeria (SAN), is well placed to appreciate the constitutional implications of the issues at stake.
“The NBA expects that the Commission, under his leadership, will ensure that its actions reflect independence, fairness, and strict adherence to democratic norms. 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.”
Reaffirming its commitment to safeguarding the rule of law, the NBA said it would deploy all lawful measures—including disciplinary procedures, advisory opinions, and strategic litigation—to prevent the misuse of judicial processes.
The association stressed that Nigeria’s democracy must not be weakened by legal manoeuvring or institutional compromise, insisting that courts must remain impartial arbiters of justice while electoral bodies function as neutral regulators.
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