NBA Raises Alarm Over Judicial Interference, Warns of Threat to Democracy Ahead of 2027 Elections

By Emmanuel Kwada

The Nigerian Bar Association (NBA) has issued a stern warning against the growing involvement of courts and lawyers in the internal affairs of political parties, describing the trend as a direct threat to the rule of law and Nigeria’s democracy ahead of the 2027 general elections.

In a strongly worded statement released Friday and signed by the National President, Mazi Afam Osigwe, SAN, the NBA said it has closely monitored recent political and legal developments, particularly the interpretation and application of the Electoral Act 2026.

The association expressed grave concern over what it termed “disturbing” attempts by some lawyers and courts to bypass clear statutory provisions designed to keep the judiciary out of party matters.

NBA

Citing Section 83 of the Electoral Act 2026, the NBA noted that the law expressly bars any court in Nigeria from entertaining jurisdiction over suits or matters relating to the internal affairs of political parties.

The section further prohibits courts from granting interim or interlocutory injunctions in such cases. Instead, where an action is filed in violation of the provision, the court is required to suspend any ruling until final judgment and grant accelerated hearing to the matter.

“Yet 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,” the NBA stated. “This does not augur well for our democracy.”

The Bar Association described the emerging practice as “subverting the clear letters of the Electoral Act” through disingenuous litigation, forum shopping, and mala fide applications aimed at securing “undemocratic political advantage.”

NBA reminded legal practitioners that they are “Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives.

Such actions, it warned, risk turning the judicial process into an avenue for political score-settling and electoral manipulation.

The NBA reminded legal practitioners that they are “Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives.”

It stressed that filing actions intended to drag courts into intra-party disputes—where jurisdiction is expressly excluded—amounts to an abuse of court process and a breach of professional responsibility.

To stem the tide, the NBA announced it will take decisive disciplinary action against erring lawyers. “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,” the statement said.

The association vowed to petition the Legal Practitioners Disciplinary Committee (LPDC) without hesitation.

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.

The NBA also called on the judiciary to remain vigilant. “Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from,” it urged.

The statement concluded by reiterating that the provisions in the Electoral Act were deliberately crafted to curb abuse of court processes and discourage forum shopping in political disputes.

Any misapplication or selective deployment of these provisions, the NBA warned, could undermine democratic competition and shrink the political space.

The NBA’s intervention comes as political activities intensify ahead of the 2027 polls, with analysts warning that unchecked judicial interference in party primaries and internal disputes could erode public confidence in the electoral process.

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