By Nchetachi Chukwuajah
The Nigerian Bar Association (NBA) has warned that lawyers and courts’ involvement in the internal disputes of political parties is a violation of the provisions of the Electoral Act 2022 and could undermine Nigeria’s democratic process ahead of the 2027 general elections.
The NBA gave the warning in a statement issued on Friday, April 10, and signed by its President, Afam Osigwe (SAN).
The association said it had observed a growing trend of litigation aimed at drawing courts into internal party disputes, despite clear statutory provisions limiting judicial intervention in such matters.
According to the NBA, recent political and legal developments arising from the interpretation of the Electoral Act 2022 raise concerns about the constitution and the rule of law.
It cited Section 83 of the Electoral Act, which it said restricts courts from entertaining suits relating to the internal affairs of political parties.
The statement further noted that the Act also prohibits courts from granting interim or interlocutory injunctions in such disputes, but shall suspend its ruling and deliver it at the stage of final judgement and shall give accelerated hearing to the matter.
It read, “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. Democracy will not thrive in a situation 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 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.
“Such practices, if not immediately curbed, would directly contradict the clear intendment of the Electoral Act and risk transforming the judicial processes into avenues for political score-settling or electoral manipulation.
“We must reiterate that these provisions were clearly designed to curb abuse of court processes and discourage forum shopping in political disputes.”
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The legal body also accused some lawyers of filing suits aimed at securing judicial intervention in political disputes through forum shopping and what it described as “mala fide applications” to obtain favourable orders.
It also reminded legal practitioners of their professional responsibilities, stating that lawyers must not act as political agents in pursuit of partisan outcomes.
The association warned that it would initiate disciplinary action against any lawyer found to have violated these provisions.
“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.
It stressed that the relevant provisions of the Electoral Act were designed to prevent abuse of court processes and preserve the integrity of internal party democracy.
The NBA further called on the National Judicial Council (NJC) to sanction judicial officers who take on matters prohibited by law or grant orders contrary to statutory provisions.
The statement added, “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, or who seek ex parte or interlocutory orders in clear violation of statutory provisions, 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. This will be pursued decisively to serve as a deterrent and to preserve the sanctity of the judicial process.
“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics. Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from.
“When statutes limit judicial meddling in party affairs, judges must show restraint, adhere to the law, and focus on cases properly before them.
“We call on the National Judicial Council to make regulations that will sanction any judge who knowingly assumes jurisdiction in matters clearly barred by law, grants orders in respect of intra-party disputes in violation of statutory provisions, or lends the authority of the court to partisan political maneuvering.”
It also advised the Independent National Electoral Commission (INEC) to maintain neutrality and avoid actions that could be interpreted as political interference.
