Dare Babalola
As Nigeria inches closer to the 2027 general elections, the Nigerian Bar Association (NBA) has issued a strong warning over what it described as growing threats to the country’s constitutional order, cautioning lawyers, courts, and electoral institutions against actions capable of undermining democracy.
In a statement released on Friday, NBA President Afam Osigwe expressed deep concern over recent political and legal developments linked to the interpretation and application of the Electoral Act 2026.
He noted that emerging practices, particularly judicial involvement in the internal affairs of political parties, pose serious risks to the rule of law and democratic stability.
“Our laws and democracy must be protected at all times,” Osigwe declared, stressing that the integrity of Nigeria’s legal and electoral systems must not be compromised by what he described as “disingenuous litigation and judicial overreach.”
The NBA particularly faulted what it called the “disturbing involvement” of lawyers and courts in intra-party disputes, despite explicit provisions in Section 83 of the Electoral Act 2026 barring such actions.
Quoting the law, Osigwe stated, “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.” He further emphasized that the Act also prohibits courts from granting interim or interlocutory injunctions in such cases.
“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,” he said, warning that any deviation from this provision amounts to a direct violation of statutory law.
He lamented that, contrary to these clear provisions, some lawyers continue to file such cases, while courts allegedly grant orders in “clear contempt” of the law.
“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,” Osigwe said.
The NBA president warned that the increasing trend of forum shopping and the use of the judiciary for political advantage could erode public confidence in democratic institutions.
He stated, “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… bodes no good for our democracy.”
According to him, such practices risk turning the courts into arenas for political battles rather than institutions of justice, thereby undermining democratic competition and shrinking the political space.
Osigwe reminded members of the legal profession of their ethical obligations, describing them as “Ministers in the Temple of Justice” who must not act as agents of partisan interests.
“The filing of actions intended to draw courts into internal political party disputes… constitutes an abuse of court process and a violation of professional responsibility,” he said.
He warned that the NBA would not hesitate to sanction erring practitioners, adding, “Lawyers who deliberately file actions aimed at procuring judicial interference… risk facing disciplinary proceedings.”
Osigwe disclosed that the association would take such cases before the Legal Practitioners Disciplinary Committee (LPDC) to serve as a deterrent and preserve the sanctity of the judicial process.
The NBA also called on the judiciary to exercise restraint and resist being drawn into politically motivated disputes.
“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics,” Osigwe said, urging judges to strictly adhere to statutory limits on their jurisdiction.
He further called on the National Judicial Council (NJC) to introduce regulations that would sanction judges who assume jurisdiction in matters expressly barred by law or grant orders that violate statutory provisions.
“The NBA will not shy away from drawing the NJC’s attention to the actions of any judicial officer found to have acted in a manner inconsistent with the judicial oath,” he added.
The association also turned its attention to the Independent National Electoral Commission (INEC), urging the electoral body to exercise its supervisory powers with neutrality and independence.
Osigwe noted that the Commission must not be perceived as engaging in political engineering or weakening political pluralism.
“The Commission must not, under any circumstances, be perceived as a participant in political engineering,” he said.
He added that the INEC Chairman, a Professor of Law and Senior Advocate of Nigeria, is well-positioned to uphold constitutional principles and ensure that the Commission’s actions strengthen public confidence in the electoral process.
Reaffirming the NBA’s commitment to protecting Nigeria’s democratic system, Osigwe said the association would deploy all lawful mechanisms, including advisory opinions, strategic litigation, and disciplinary processes, to prevent abuse of the legal system.
“Lawyers must remain officers of the court, not architects of procedural manipulation. Nigeria’s democracy must not be weakened by legal maneuvering, institutional capture, or the misuse of judicial authority,” he said.
He concluded with a firm call for all institutions to operate within constitutional limits, warning that the survival of Nigeria’s democracy depends on strict adherence to the rule of law.
