The Nigerian Bar Association has cautioned legal practitioners against filing court cases intended to involve the judiciary in internal disputes within political parties, warning that offenders risk disciplinary action.
In a statement issued amid the ongoing factional and leadership crisis within the African Democratic Congress, the association expressed concern over what it described as an increasing trend of lawyers and courts being drawn into intra-party conflicts, despite clear legal restrictions.
“The Nigerian Bar Association has closely monitored recent political and legal developments as the nation gradually approaches the 2027 General Elections,” the statement read.
“These developments, particularly those arising from the interpretation and potential application of provisions of the Electoral Act 2026, raise serious constitutional, democratic, and rule-of-law concerns that require immediate intervention.”
The NBA emphasised that existing laws explicitly prohibit courts from entertaining matters related to the internal affairs of political parties. Citing Section 83 of the Electoral Act 2026, it stated, “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”
The association further clarified that courts are also barred from issuing interim or interlocutory orders 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 even where any action has been brought in violation of the Act,” the statement said.
It criticised what it described as persistent breaches of these provisions, noting that some lawyers continue to file such cases while courts proceed to grant injunctions.
“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.”
The NBA warned that this pattern could undermine democratic processes and erode confidence in the legal system.
“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 malafide applications designed to secure undemocratic political advantage, bodes no good for our democracy,” it stated.
Reaffirming its stance, the association reminded lawyers of their ethical responsibilities.
“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,” it said.
The NBA also made it clear that it would take firm action against those who violate these standards.
“The filing of actions intended to draw courts into internal political party disputes, particularly where jurisdiction is expressly excluded, constitutes an abuse of court process and a violation of professional responsibility,” it said.
“The NBA will take firm steps to deter such conduct. Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs… risk facing disciplinary proceedings. We will not hesitate to present petitions before the Legal Practitioners Disciplinary Committee (LPDC) against any Legal Practitioner found to be engaging in such conduct.”
According to the association, this measure is necessary to safeguard the integrity of the judicial process and discourage misuse of the courts.
It also urged the judiciary to remain cautious and avoid being drawn into political disputes.
“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics,” the statement concluded.
What you should know
The Nigerian Bar Association has warned lawyers against filing cases that involve courts in internal political party disputes, citing provisions of the Electoral Act 2026 that restrict such actions.
The warning comes amid the leadership crisis within the African Democratic Congress. The NBA expressed concern over increasing attempts to use the judiciary for political advantage and stressed that such actions violate professional ethics. It threatened disciplinary action through the Legal Practitioners Disciplinary Committee against offenders.
The association also urged courts to avoid political interference, emphasizing the need to protect judicial integrity and uphold democratic principles.
