NBA Sounds Alarm on Judicial Overreach Ahead of 2027 Polls
As Nigeria progresses toward the 2027 general elections, the Nigerian Bar Association (NBA) has delivered a firm and unambiguous warning concerning what it labels as escalating judicial meddling in political party matters. The association asserts that Nigeria's legal statutes and democratic bedrock must be preserved at all costs during this critical period.
Concerns Over Electoral Act Interpretation
In a statement released on Friday, NBA President Afam Osigwe (SAN) voiced deep apprehension regarding recent political and legal events tied to the interpretation and enforcement of the Electoral Act 2026. He highlighted the rising judicial intrusion into the internal operations of political parties, cautioning that these actions threaten the rule of law and the steadiness of Nigeria's democracy.
"Our laws and democracy must be protected at all times," Osigwe emphasized, underscoring that the credibility of the nation's legal and electoral frameworks should not be undermined by what he termed "disingenuous litigation and judicial overreach."
Violation of Statutory Provisions
The NBA criticized what it described as the "disturbing involvement" of attorneys and courts in intra-party conflicts, despite explicit stipulations in Section 83 of the Electoral Act 2026 that forbid judicial intervention in such affairs. Osigwe cited the law, stating, "No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party," and added that courts are also barred from issuing interim or interlocutory injunctions in these cases.
He lamented that, despite these clear prohibitions, some lawyers persist in filing such lawsuits, with courts reportedly issuing orders in blatant defiance of the law. "What we now witness are actions instituted in violation of the Act, with courts purportedly granting interim and interlocutory injunctions in clear contempt of statutory provisions. This does not augur well for our democracy," he remarked.
Risks to Democratic Stability
Osigwe further warned that the increasing tendencies of forum shopping and leveraging the judiciary for political gain could diminish public trust in democratic institutions. "This emerging pattern of subverting the clear provisions of the Electoral Act and dragging courts into internal party affairs through disingenuous litigation bodes ill for our democracy," he noted. He cautioned that such practices might transform courts into arenas for political battles, thereby weakening democratic rivalry and constricting civic engagement.
Ethical Obligations and Disciplinary Measures
The NBA president reminded legal practitioners of their ethical duties, portraying them as "Ministers in the Temple of Justice" who should not prioritize partisan agendas over professional honesty. "The filing of actions intended to draw courts into internal party disputes constitutes an abuse of court process and a breach of professional responsibility," he declared.
Osigwe alerted that the NBA would not delay in penalizing offending lawyers, indicating that such instances would be forwarded to the Legal Practitioners Disciplinary Committee (LPDC) as a preventive measure. "Lawyers who deliberately file actions aimed at procuring judicial interference risk facing disciplinary proceedings," he stated.
Call for Judicial Restraint and Electoral Neutrality
The NBA also appealed to the judiciary to practice moderation and avoid entanglement in politically driven disputes. "The Nigerian judiciary must remain vigilant and resist involvement in political theatrics," Osigwe urged, requesting judges to strictly follow statutory boundaries on their jurisdiction. He further encouraged the National Judicial Council (NJC) to implement sanctions for judicial officers who assume jurisdiction in matters explicitly prohibited by law or issue orders contravening statutory rules.
"The NBA will not hesitate to draw the NJC's attention to any judicial officer whose conduct falls short of the judicial oath," he added.
Osigwe called on the electoral commission to execute its supervisory function with impartiality and autonomy, warning against any appearance of political partiality. "The Commission must not, under any circumstances, be seen as engaging in political engineering," he said, noting that its leadership is well-equipped to uphold constitutional tenets and bolster public faith in the electoral process.
Commitment to Democratic Safeguards
Reaffirming the association's dedication to defending Nigeria's democracy, Osigwe announced that the NBA would employ all legal tools, including advisory opinions, strategic litigation, and disciplinary actions, to curb misuse of the legal system. "Lawyers must remain officers of the court, not architects of procedural manipulation. Nigeria's democracy must not be weakened by legal maneuvering, institutional capture, or misuse of judicial authority," he asserted.
He thus advocated for strict compliance with constitutional limits by all institutions, cautioning that the endurance of Nigeria's democracy hinges on steadfast adherence to the rule of law.
