The Nigerian Bar Association (NBA) has raised concern over what it described as the increasing abuse of court processes in political party disputes, warning that the trend could weaken Nigeria’s democratic system ahead of the 2027 general elections.
In a statement issued on Friday, the association said it had observed a growing pattern where litigants deliberately drag internal party matters before courts, despite clear legal limits on judicial interference in such issues.
The statement, signed by NBA President, Afam Osigwe (SAN), said recent developments in the interpretation and application of the Electoral Act 2022 point to serious constitutional and rule-of-law challenges.
According to the NBA, Section 83 of the Electoral Act places restrictions on court involvement in the internal affairs of political parties, including limits on granting interim or interlocutory reliefs in such cases.
It stressed that the law provides that:
“Where any action is brought in negation of this provision, no interim or interlocutory injunction shall be entertained by the Court, but the Court shall suspend its ruling and deliver it at the stage of final judgment and shall give accelerated hearing to the matter.”
Despite these provisions, the NBA said courts have continued to hear politically sensitive party disputes and, in some instances, issue orders affecting leadership structures and internal party administration.
The association also criticised some legal practitioners for engaging in what it called forum shopping and filing “mala fide applications” aimed at securing favourable court orders in political matters.
“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 mala fide applications designed to secure undemocratic political advantage does no good for our democracy,” the NBA warned.
It cautioned that such practices risk turning the judiciary into a tool for political manipulation and undermining public confidence in the justice system.
The NBA further reminded lawyers of their ethical obligations, insisting that legal practitioners must not allow themselves to be used as instruments of partisan political struggles.
It maintained that filing cases in matters where jurisdiction is clearly excluded amounts to an abuse of court process and professional misconduct.
The association warned that it would not hesitate to activate disciplinary procedures against erring lawyers through the appropriate regulatory bodies.
It also urged judges to be more circumspect in entertaining politically motivated suits and to decline jurisdiction where the law expressly prohibits court intervention.
Additionally, the NBA called on judicial authorities to sanction any judicial officer found to have acted outside constitutional and statutory limits in such matters.
It advised the Independent National Electoral Commission (INEC) to remain neutral and avoid any actions that could be interpreted as interference in internal party politics.
Reaffirming its position, the association said it remains committed to protecting the integrity of the legal system and ensuring that both the judiciary and electoral institutions operate strictly within the confines of the law.