ADC crisis: NBA cautions against judicial interference, vows sanction

The Nigerian Bar Association (NBA) has expressed concern over what it called “disturbing involvement” of lawyers and courts in the internal affairs of political parties, despite statutory provisions clearly restricting judicial intervention in such disputes.

The association vowed to sanction legal practitioners who file lawsuits concerning the internal affairs of political parties, specifically citing a violation of both the Electoral Act 2026 and professional ethics.

This was contained in a statement released on Friday by its President, Mazi Afam Osigwe, SAN.

The warning comes amid ongoing factional and leadership crisis in the coalition-backed African Democratic Congress (ADC).

The NBA said it had been monitoring recent political and legal developments, particularly the interpretation and application of provisions of the Electoral Act 2026 relating to intra-party matters.

“The Nigerian Bar Association has closely monitored recent political and legal developments as the nation gradually approaches the 2027 General Elections,” the statement read.

“These developments, particularly those arising from the interpretation and potential application of provisions of the Electoral Act 2026, raise serious constitutional, democratic, and rule-of-law concerns that require immediate intervention.”

The association stressed that the law explicitly bars courts from entertaining cases relating to the internal affairs of political parties.

Quoting Section 83 of the Electoral Act 2026, it said, “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”

It further explained that courts are also restricted from issuing interim or interlocutory orders in such matters.

“Not only are courts denied jurisdiction to entertain any matter pertaining to the internal affairs of a political party, but they are also precluded from granting any interim or interlocutory injunction even where any action has been brought in violation of the Act,” the statement said.

The NBA criticised what it described as ongoing violations of these provisions, saying, “What we now see are situations where actions are not only instituted in Courts by lawyers in clear violation of the Act, but Courts purportedly grant interim and/or interlocutory injunctions in clear contempt of statutory provisions of the law. This does not augur well for our democracy.”

The association warned that such practices could undermine democratic processes.

“This emerging trend of subverting the clear letters of the Electoral Act and dragging courts into the internal affairs of political parties through disingenuous litigation, forum shopping, and malafide applications designed to secure undemocratic political advantage, bodes no good for our democracy,” it stated.

Reiterating its position, the association reminded lawyers of their professional obligations.

“Members of the Bar are reminded that they are Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives,” it said.

The NBA vowed to take decisive action against erring practitioners.

“The filing of actions intended to draw courts into internal political party disputes, particularly where jurisdiction is expressly excluded, constitutes an abuse of court process and a violation of professional responsibility,” it said.

“The NBA will take firm steps to deter such conduct. Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs… risk facing disciplinary proceedings.

“We will not hesitate to present petitions before the Legal Practitioners Disciplinary Committee (LPDC) against any Legal Practitioner found to be engaging in such conduct.”

It added that the move is necessary “to serve as a deterrent and to preserve the sanctity of the judicial process,” urging courts to resist being drawn into what it termed political manoeuvring.

“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics,” the statement concluded.