NBA warns against judicial overreach ahead of 2027 Polls

NBA President Afam Osigwe (SAN)

As Nigeria edges toward the 2027 general elections, Nigerian Bar Association (NBA) has issued a strong and unequivocal warning over what it described as growing judicial interference in political party affairs, declaring that Nigeria’s laws and democratic foundations must be safeguarded at all times as the country moves toward the 2027 general elections.

In a statement issued Friday, NBA President, Afam Osigwe (SAN) expressed grave concern over recent political and legal developments surrounding the interpretation and application of the Electoral Act 2026, particularly the increasing judicial involvement in the internal affairs of political parties.

He warned that such practices pose significant risks to the rule of law and the stability of Nigeria’s democracy.

“Our laws and democracy must be protected at all times,” Osigwe declared, stressing that the integrity of the nation’s legal and electoral systems must not be compromised by what he described as “disingenuous litigation and judicial overreach.”

The NBA faulted what it termed the “disturbing involvement” of lawyers and courts in intra-party disputes, despite the clear provisions of Section 83 of the Electoral Act 2026, which bar judicial intervention in such matters.

Quoting the law, Osigwe said, “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party,” adding that courts are equally prohibited from granting interim or interlocutory injunctions in such cases.

“Not only are courts denied jurisdiction to entertain such matters, they are also precluded from granting any interim or interlocutory relief,” he stated, warning that any deviation from this provision amounts to a direct violation of statutory law.

He lamented that, in spite of these explicit restrictions, some lawyers continue to file such cases, with courts allegedly issuing orders in clear disregard 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 said.

Osigwe further warned that the growing trend of forum shopping and the weaponisation of the judiciary for political advantage could erode public confidence 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 added.

According to him, such practices risk turning courts into battlegrounds for political contests, thereby undermining democratic competition and shrinking the civic space.

The NBA president reminded lawyers of their ethical obligations, describing them as “Ministers in the Temple of Justice” who must not serve partisan interests at the expense of professional integrity.

“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 said.

Osigwe warned that the NBA would not hesitate to sanction erring practitioners, noting that such cases would be referred to the Legal Practitioners Disciplinary Committee (LPDC) as a deterrent.

“Lawyers who deliberately file actions aimed at procuring judicial interference risk facing disciplinary proceedings,” he said.

The NBA also urged the judiciary to exercise restraint and avoid being drawn into politically motivated disputes.

“The Nigerian judiciary must remain vigilant and resist involvement in political theatrics,” Osigwe stated, calling on judges to strictly adhere to statutory limits on their jurisdiction.

He further urged the National Judicial Council (NJC) to introduce measures to sanction judicial officers who assume jurisdiction in matters expressly barred by law or grant orders in violation of statutory provisions.

“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 body to exercise its supervisory role with neutrality and independence, warning against any perception of political bias.

“The Commission must not, under any circumstances, be seen as engaging in political engineering,” he said, adding that its leadership is well-positioned to uphold constitutional principles and strengthen public confidence in the electoral process.

Reaffirming the association’s commitment to safeguarding Nigeria’s democracy, Osigwe said the NBA would deploy all lawful mechanisms,including advisory opinions, strategic litigation, and disciplinary measures, to prevent abuse 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 said.

He therefore call for strict adherence to constitutional limits by all institutions, warning that the survival of Nigeria’s democracy depends on unwavering respect for the rule of law.

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