Courts Risk Undermining Democracy, NBA Warns Over Political Party Disputes
NBA Flags Growing Judicial Encroachment
THE Nigerian Bar Association (NBA) has expressed deep concern over what it describes as increasing judicial interference in the internal affairs of political parties, warning that the trend poses a serious threat to Nigeria’s democratic framework.
In a statement issued on Friday and signed by its President, Afam Osigwe, a Senior Advocate of Nigeria, the association criticised the role of courts and some legal practitioners in entertaining cases that, by law, fall outside judicial jurisdiction.
The NBA argued that such actions directly contravene provisions of the Electoral Act 2026, which expressly bars courts from adjudicating matters relating to the internal workings of political parties.
Legal Violations and Democratic Risks
Citing Section 83 of the Electoral Act, the association stressed that courts are not only restricted from hearing such cases but are also prohibited from granting interim or interlocutory injunctions in relation to them.
The NBA lamented what it described as a disturbing pattern where lawyers file suits in clear violation of the law, while courts proceed to grant orders that undermine statutory provisions.
According to the association, the increasing reliance on “forum shopping” and “mala fide applications” to secure political advantage risks turning the judiciary into a battleground for partisan disputes.
“This emerging trend… bodes no good for our democracy,” the statement warned, adding that judicial processes must not be reduced to tools for political manipulation or score-settling.
ADC Crisis and Wider Implications
Although the NBA did not cite specific cases, its statement comes amid ongoing leadership disputes within the African Democratic Congress (ADC), which have drawn judicial attention.
The crisis escalated following a ruling by the Court of Appeal, after which the Independent National Electoral Commission moved to de-recognise certain party factions based on its interpretation of the judgment.
Political analysts warn that the unresolved dispute could jeopardise the party’s chances in the 2027 general elections, particularly as critical deadlines for congresses and candidate nominations approach.
Party members recently staged a protest in Abuja, accusing INEC of bias in handling the matter.
Call for Respect for Rule of Law
The NBA emphasised that adherence to the rule of law is essential for sustaining democratic governance, urging both the bench and the bar to exercise restraint and uphold the sanctity of legal provisions.
The association reiterated that democracy cannot thrive where legal actors act in defiance of clear statutory guidelines, stressing the need to protect the integrity of both the judiciary and Nigeria’s electoral system as the 2027 elections draw closer.
