The Nigerian Bar Association has decried what it described as “disingenuous litigation” in intra-party disputes, warning that the trend threatens Nigeria’s democracy and the rule of law.
In a statement issued on Friday, Afam Osigwe, president of the association, said the bar had been closely monitoring recent political and legal developments ahead of the 2027 general election.
Osigwe said the involvement of lawyers and courts in the internal affairs of political parties, despite clear provisions of the Electoral Act 2026, raises “serious constitutional, democratic, and rule-of-law concerns”.
He cited section 83 of the act, which stipulates that “no court in Nigeria shall entertain jurisdiction over any suit or matter on the internal affairs of a political party”.
“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.
Osigwe said the association was concerned that actions are being filed in court in clear violation of the law, with some courts granting interim orders that contravene statutory provisions.
“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,” he said.
“This does not augur well for our democracy. Democracy will not thrive in a situation where lawyers and courts take actions and decisions that not only negate our laws but also do violence to them.”
The NBA president said the trend of “forum shopping” and filing of cases aimed at securing political advantage could undermine democratic competition and shrink the political space.
“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,” he said.
ACTION TO BE TAKEN AGAINST ERRING LAWYERS, JUDGES
Osigwe warned that lawyers who file such cases risk disciplinary action, adding that the association would not hesitate to petition the Legal Practitioners Disciplinary Committee (LPDC).
“Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs… risk facing disciplinary proceedings,” he said.
“We will not hesitate to present petitions before the LPDC against any legal practitioner found to be engaging in such conduct.”
The NBA also cautioned the judiciary against being drawn into what it described as “political theatrics”, urging courts to decline jurisdiction in matters expressly barred by law.
“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics,” Osigwe said.
“Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from.”
The association called on the National Judicial Council to sanction any judge who assumes jurisdiction in such matters or grants orders in violation of statutory provisions.
It also urged the Independent National Electoral Commission to exercise its supervisory powers with neutrality and independence, warning against actions that could weaken political pluralism.
“The commission must not, under any circumstances, be perceived as a participant in political engineering,” Osigwe said.
He added that the NBA would deploy “all lawful mechanisms” — including advisory opinions, engagement, and disciplinary processes — to ensure that the judiciary is not misused for partisan objectives.
“Lawyers must remain officers of the court, not architects of procedural manipulation,” he said.
“Nigeria’s democracy must not be weakened by legal manoeuvring, institutional capture, or the misuse of judicial authority.”
