NewsNBA Cautions Against Dragging Courts Into Political Parties' Internal Affairs; Warns Lawyers

NBA Cautions Against Dragging Courts Into Political Parties’ Internal Affairs; Warns Lawyers

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By Suleiman Anyalewechi 

 

The Nigerian Bar Association, NBA, has cautioned Legal Practitioners and the Courts against entertaining suits that are directly related to the internal affairs of political parties.

 

The Association expressed serious concern over the tendency by lawyers to file cases in courts in matters considered to be within the confines of political parties’ internal affairs, warning that such a development has the  dangerous potential of undermining the country’s democratic arrangement,and electoral processes.

 

In a statement on Friday, April 10, 2026, NBA President, Afam Osigwe, SAN, noted that the filing of Court applications in matters involving the internal affairs of political parties, is an assault on the amended 2026 Electoral Act.

 

The Association stated that it has observed with regret the increasing number of litigations in recent times dwelling on the internal affairs of political parties in the country.

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The umbrella body of Legal Practitioners, also, expressed serious concern over certain legal and political developments arising from varying interpretations of the Electoral Act.

 

Referencing, Section 83 of the Electoral Act, the NBA President maintained that there are clear restrictions on the courts in matters relating to the internal affairs of political parties.

 

This is as he also noted that the same Act prohibits courts from  granting frivolous interim or interlocutory injunctions in matters considered to be the internal affairs of political parties.

 

“Where any action is brought in negation of this provision, no interim or interlocutory injunction shall be entertained by the Court, but the Court shall suspend its ruling and deliver it at the stage of final Judgment and shall give accelerated hearing to the matter.

 

The Association, however, noted with concern that despite the clear provisions of the law, lawyers have continued to file such cases with the courts, regrettably, not only accepting to entertain them, but also issuing orders.

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The NBA President emphasized that such Court orders have continued to negatively affect the activities of political parties, as well as the entire electoral process.

 

He equally alleged that some lawyers are guilty of   filing what he called “mala fide”, a process aimed at securing favourable judicial orders  in political disputes.

 

“This emerging trend of subverting the clear letters of the Electoral Act and dragging courts into the internal affairs of political parties through disingenuous litigations, forum shopping and mala fide applications designed to secure undemocratic political advantage does no good to our democracy”, Osigwe warned 

 

According to him, the continued involvement of the Courts in matters relating to the internal affairs of political parties, has the dangerous potential of turning Court processes into instruments of manipulations .

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He noted that the essence of some provisions of the Electoral Act is to forestall the abuse of Court processes and protect the integrity of internal party democracy.

 

“The filling 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.

 

“Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs, or seek ex-parte or interlocutory orders in clear violation of statutory provisions, risk facing disciplinary proceedings”, Osigwe warned.


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