The Nigerian Bar Association (NBA) has issued a stern warning against the increasing “judicialization” of internal political party affairs, describing the trend as a direct threat to the integrity of the 2027 general elections. In a detailed statement released on Friday, NBA President Mazi Afam Osigwe, SAN, cautioned that the judiciary is being “dangerously dragged” into the administrative machinery of political parties through what he termed “disingenuous litigation.”
The ‘Section 83’ Shield
The crux of the NBA’s concern lies in the interpretation of the Electoral Act 2026, which was officially signed into law by President Bola Tinubu in February. The association specifically cited Section 83 of the new Act, which aims to curb “forum shopping” and judicial overreach.
- Jurisdictional Bar: Section 83 explicitly bars courts from entertaining cases relating to the internal affairs of political parties, such as leadership disputes or the conduct of primaries, provided they follow the party’s own constitution.
- No Interim Orders: The law further prohibits the granting of interim or interlocutory injunctions that might halt a party’s administrative processes or electoral calendar.
Despite these clear statutory provisions, Mazi Osigwe noted with concern that some lawyers continue to file suits on intra-party matters, while certain courts have reportedly granted orders that appear to bypass the legislative intent of the 2026 Act.
Disciplinary Action for Legal Practitioners
The NBA warned that it would no longer be a silent observer as the rule of law is subverted for “undemocratic political advantage.” The President announced that the association is prepared to take the following actions:
- Petitions to LPDC: Any lawyer found engaging in “malafide applications” or deliberate forum shopping to secure favorable orders in party disputes will be petitioned before the Legal Practitioners Disciplinary Committee (LPDC).
- Judicial Restraint: The NBA urged judges to resist the pressure of “political manipulation” and to adhere strictly to the boundaries set by the Electoral Act 2026.
A Call for INEC Neutrality
Addressing the Independent National Electoral Commission (INEC), the NBA tasked the commission to remain a neutral umpire. The statement pointedly noted that the current INEC Chairman, being a legal expert himself, is expected to ensure that the commission’s decisions do not undermine political pluralism.
This intervention by the Bar follows a week of intense political friction, specifically the “Save Democracy” protests in Abuja led by Peter Obi and Rabiu Kwankwaso. The protesters were vocal about INEC’s recent handling of leadership disputes within the African Democratic Congress (ADC), an issue that the NBA suggests should be resolved internally rather than in the courtroom.
“The emerging trend of subverting the clear letters of the Electoral Act bodes no good for our democracy,” Osigwe stated. “The judiciary must not be turned into a tool for securing electoral advantage before a single vote is cast.”
The NBA’s stance has been echoed by other senior advocates, including Femi Falana, SAN, who recently warned that the proliferation of conflicting court judgments could inadvertently lead Nigeria toward a one-party state by systematically destabilizing opposition party structures.
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