With Nigeria gradually entering the early contours of the 2027 general elections, the Nigerian Bar Association (NBA) has issued a stern warning against what it describes as creeping judicial interference in political party affairs—an emerging trend it says could weaken the country’s democratic foundations.
In a strongly worded statement on Friday, NBA President, Afam Osigwe (SAN), voiced concern over the increasing tendency to drag courts into intra-party disputes, despite clear legal provisions to the contrary.
At the heart of the NBA’s concern is the interpretation and application of the Electoral Act 2026. Osigwe warned that the growing resort to litigation in party matters—often accompanied by conflicting court orders—risks distorting both the letter and spirit of the law.
“Our laws and democracy must be protected at all times,” he declared, cautioning that judicial overreach and “disingenuous litigation” could erode public trust in both the legal system and the electoral process.
Citing Section 83 of the Electoral Act, the NBA emphasised that courts are expressly barred from entertaining matters relating to the internal workings of political parties. The law, Osigwe noted, goes further to prohibit courts from issuing interim or interlocutory orders in such disputes.
Yet, in what the association describes as a troubling pattern, some lawyers continue to file such cases, with courts allegedly granting orders in clear violation of statutory limits.
“What we are witnessing is a dangerous disregard for the law,” Osigwe said. “Courts are being drawn into matters they have no jurisdiction over, and this does not bode well for our democracy.”
Beyond the legal technicalities, the NBA warned of broader consequences. The increasing weaponisation of the judiciary, it said, risks turning courtrooms into extensions of political battlegrounds, where electoral contests are fought through legal manoeuvres rather than democratic processes.
Osigwe also took aim at the growing practice of forum shopping, where litigants seek favourable jurisdictions to secure desired rulings—a trend he said undermines judicial integrity and consistency.
He reminded lawyers of their ethical duty to uphold justice, not manipulate it.
“Lawyers are ministers in the temple of justice. They must not lend themselves to actions that compromise the rule of law or reduce the courts to instruments of political strategy,” he said.
The NBA warned that it would not hesitate to discipline erring practitioners, adding that cases of abuse of court process would be referred to the appropriate bodies for sanctions.
“Those who persist in filing actions designed to procure judicial interference will face disciplinary consequences,” he stressed.
The association also placed responsibility on the bench, urging judges to exercise restraint and resist being drawn into politically motivated disputes.
In this regard, Osigwe called on the National Judicial Council (NJC) to take a firmer stance by sanctioning judicial officers who assume jurisdiction in matters clearly barred by law or issue orders that contradict statutory provisions.
“The judiciary must remain vigilant. Its credibility depends on strict adherence to the law and the limits of its authority,” he said.
He further urged electoral authorities to maintain strict neutrality, warning that any perception of bias could further inflame political tensions ahead of the polls.
Reaffirming its role as a guardian of the rule of law, the NBA pledged to deploy all lawful means—including advisory interventions, strategic litigation, and disciplinary measures—to check abuses within the system.
“Democracy must not be undermined by legal manipulation or institutional capture,” Osigwe said. “The survival of our democratic order depends on respect for the law—by all actors, without exception.”
NBA Raises Red Flag Over Judicial Overreach Ahead of 2027 Elections
