The Nigerian Bar Association has decried the use of the judiciary to meddle in the internal affairs of political parties contrary to the dictates of the Electoral Act, 2026.
President of the Association, Afam Osigwe SAN communicated the association’s position on what he called “serious constitutional, democratic, and rule-of-law concerns that require immediate intervention.”
Part of the statement reads;
We particularly deprecate the disturbing involvement by lawyers and courts in the internal affairs of political parties despite the clear provisions of the Electoral Act, 2026, which stipulates in Section 83 of the Act that “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”
While quoting the relevant section of the Electoral Act, Mazi Afam Osigwe SAN posited that the Act robs the Court jurisdiction in entertaining cases related to the internal disputes of political parties.
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.
The NBA President further noted that the provisions are meant to deter abuse of court process and forum shopping in political disputes.
Reminder and warning to lawyers
The NBA President reminded lawyers of their responsibility as “Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives.”
He also informed members of the Bar of the NBA’s resolve to pursue disciplinary actions against members “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”
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.
The statement also called on the NJC to intervene in issuing regulations and sanctioning judges who act contrary to the sections of the Electoral Act.
The statement also called on the INEC Chairman Prof Joash Omupitan SAN to use his legal expertise to “appreciate the constitutional implications of these developments.”
it further called on INEC under his leadership to reflect “independence, fairness, and strict adherence to democratic norms.”