OUR LAWS, DEMOCRACY MUST BE PROTECTED AT ALL TIMES — NBA

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RismadarVoice Reporters, April 10, 2026

The Nigerian Bar Association (NBA) has expressed concern over recent political and legal developments as Nigeria approaches the 2027 General Elections, warning that certain actions threaten constitutional order, democratic principles, and the rule of law.

In a statement, the NBA President, Mazi Afam Osigwe, SAN, noted that developments surrounding the interpretation and potential application of the Electoral Act 2026 require urgent attention.

The Association particularly decried the growing involvement of lawyers and courts in the internal affairs of political parties, despite clear provisions of the Electoral Act.

It cited Section 83 of the Act, which expressly provides that “no court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”

The NBA further noted that the law not only bars courts from assuming jurisdiction in such matters but also prohibits the granting of interim or interlocutory injunctions where such cases are brought in violation of the Act.

According to the Association, recent instances where suits are filed and interim orders granted in defiance of these provisions represent a dangerous trend that undermines democracy and weakens public confidence in the judicial system.

“This does not augur well for our democracy,” the statement said, warning that the increasing resort to disingenuous litigation, forum shopping, and applications aimed at securing political advantage risks turning the courts into arenas for political contestation.

The NBA emphasized that the relevant provisions of the Electoral Act were designed to curb abuse of court processes and discourage forum shopping in political disputes.

It warned that any misuse or selective application of these provisions could undermine democratic competition and shrink the political space.

The Association reminded legal practitioners of their ethical responsibilities, stressing that lawyers are “ministers in the temple of justice” and not political agents.

It warned that any lawyer who files actions intended to draw courts into intra-party disputes, particularly where jurisdiction is expressly excluded or seeks interim orders in violation of the law risks disciplinary action.

The NBA disclosed that it would not hesitate to petition the Legal Practitioners Disciplinary Committee (LPDC) against any erring lawyer, noting that such steps are necessary to preserve the sanctity of the legal profession and the judicial process.

The Association also urged the judiciary to remain vigilant and resist attempts to draw it into political matters clearly barred by law.

It called on courts to strictly adhere to statutory provisions and decline jurisdiction where appropriate.

In addition, the NBA called on the National Judicial Council (NJC) to establish and enforce regulations to sanction judicial officers who assume jurisdiction in prohibited matters or grant orders in violation of the law.

The Association reaffirmed its readiness to draw the attention of the NJC to any judicial conduct inconsistent with constitutional duties and the preservation of public trust in the judiciary.

The NBA further called on the Independent National Electoral Commission (INEC) to exercise its expanded supervisory powers with neutrality, independence, and strict adherence to democratic values.

It noted that the Chairman of INEC, a Professor of Law and Senior Advocate of Nigeria, is well positioned to uphold constitutional principles and ensure that the Commission’s actions strengthen public confidence in the electoral process.

The Association stressed that it would deploy all lawful mechanisms including engagement, advisory opinions, strategic litigation, and disciplinary measures to prevent the misuse of legal processes.

It concluded by warning that Nigeria’s democracy must not be weakened by legal manipulation, institutional compromise, or the misuse of judicial authority, stressing that courts must remain impartial arbiters of justice, while electoral bodies must function as neutral umpires.

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