Lawyers Who File Applications on Affairs of Political Parties Risk Sanction, says NBA

The Nigerian Bar Association (NBA) has warned that lawyers who file ex parte applications or seek interlocutory orders on issues pertaining to the internal affairs of political parties risk disciplinary action.

The legal association said recent developments pertaining to the interpretation of the Electoral Act 2026 “raise serious constitutional, democratic, and rule-of-law concerns that require immediate intervention”.

In a statement released on Friday and signed by Afam Osigwe, the NBA president, the body said Section 83 of the electoral act bars the court from entertaining any matter pertaining to the internal affairs of a political party.

Section 83 (5) of the legislation states that: “Subject to the provision of subsection (3), no Court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.

“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. 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.

“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.

“Such practices, if not immediately curbed, would directly contradict the clear intendment of the Electoral Act and risk transforming the judicial processes into avenues for political score-settling or electoral manipulation.

“We must reiterate that these provisions were clearly designed to curb abuse of court processes and discourage forum shopping in political disputes.”

‘LAWYERS ARE MINISTERS IN TEMPLE OF JUSTICE, NOT POLITICAL AGENTS’

The legal body said lawyers must understand that they are “ministers in the temple of justice and not political agents seeking judicial endorsement of partisan objectives”.

The NBA called on the National Judicial Council (NJC) to sanction any judge “who knowingly assumes jurisdiction” in matters clearly barred by the law.

“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,” the statement reads.

“The NBA will take firm steps to deter such conduct. Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs, or who seek ex parte or interlocutory orders in clear violation of statutory provisions, 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. This will be pursued decisively to serve as a deterrent and to preserve the sanctity of the judicial process.

“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics. Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from.

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“When statutes limit judicial meddling in party affairs, judges must show restraint, adhere to the law, and focus on cases properly before them.

“We call on the National Judicial Council to make regulations that will sanction any judge who knowingly assumes jurisdiction in matters clearly barred by law, grants orders in respect of intra-party disputes in violation of statutory provisions, or lends the authority of the court to partisan political maneuvering.”

The NBA statement is sequel to recent internal wrangling in opposition political parties, including the African Democratic Congress (ADC) and Peoples Democratic Party (PDP).

On April 1, the Independent National Electoral Commission (INEC) announced that it would no longer recognise the ADC factions led by David Mark and Nafiu Bala following its review of a court of appeal judgment.

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