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NBA warns against court interference in party disputes

The Nigerian Bar Association has raised alarm over growing misuse of courts and legal procedures in internal political party disputes, warning that the trend could undermine Nigeria’s democratic process ahead of the 2027 general elections.

In a statement issued on Friday, signed by NBA President, Mazi Afam Osigwe (SAN)and shared via its official X handle, said recent judicial and legal actions linked to electoral matters had raised “serious constitutional, democratic and rule-of-law concerns,” particularly in relation to the interpretation of the Electoral Act 2026.

Titled “OUR LAWS AND DEMOCRACY MUST BE PROTECTED AT ALL TIMES,” the NBA cautioned lawyers, courts, and political actors against actions it said conflict with statutory provisions governing internal party affairs.

“The Nigerian Bar Association has closely monitored recent political and legal developments as the nation gradually approaches the 2027 General Elections.

”These developments raise serious constitutional, democratic, and rule-of-law concerns that require immediate intervention.”

The association specifically pointed to Section 83 of the Electoral Act, insisting that it limits court jurisdiction over internal party disputes.

“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,” the statement said.

According to the NBA, some courts have continued to grant interim and interlocutory injunctions in matters it believes are expressly excluded by law, describing such actions as harmful to democratic stability.

“What we now see are situations where actions are not only instituted in Courts by lawyers in clear violation of the Act… This does not augur well for our democracy, ” it added.

The body stressed that the intent of the law is to prevent abuse of court processes and discourage forum shopping in political conflicts.

“We must reiterate that these provisions were clearly designed to curb abuse of court processes and discourage forum shopping in political disputes, ” the statement said.

It also reminded legal practitioners of their ethical obligations, warning that they must not become instruments of political manipulation.

“Members of the Bar are reminded that they are Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives, ” the statement said.

The NBA further warned that lawyers found engaging in such conduct could face disciplinary action before the Legal Practitioners Disciplinary Committee.

It also called on the National Judicial Council to sanction judges who assume jurisdiction in matters barred by law or issue orders contrary to statutory provisions.

According to the statement, the electoral institutions must operate within the bounds of constitutional democracy.

The statement reaffirmed the association’s commitment to protecting judicial integrity and ensuring that legal processes are not used to distort democratic outcomes.

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