NBA warns judges, lawyers against being used to undermine nation's democracy
The Nigerian Bar Association (NBA) has cautioned judges and lawyers against being used to undermine the nation’s democratic process. The NBA, in a statement issued on Friday by its president,
- …tasks INEC on neutrality
The Nigerian Bar Association (NBA) has cautioned judges and lawyers against being used to undermine the nation's democratic process.
The NBA, in a statement issued on Friday by its president, Afam Osigwe (SAN) expressed concern about a growing practice where judges and lawyers act in contravention of the Electoral Act 2026, a development it claimed, threatens the nation's democracy.
The association said it has closely monitored recent political and legal developments as the nation gradually approaches the 2027 General Elections.
It said the 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 NBA deprecates what it described as the disturbing involvement by lawyers and courts in the internal affairs of political parties despite the clear provisions of the Electoral Act, 2026.
The NBA noted that even where the Electoral Act, in Section 83, precludes courts from jurisdiction over any case pertaining to the internal affairs of a political party, some courts have continued to do so.
It added, "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.
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"This does not augur well for our democracy. Democracy will not thrive in a situation where lawyers and courts take actions and decisions that not only negate our laws, but also do violence to them.
"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 malicious applications designed to secure undemocratic political advantage, bodes no good for our democracy.
"Such practices, if not immediately curbed, would directly contradict the clear intendment of the Electoral Act and risk transforming the judicial processes into avenues for political score-settling or electoral manipulation.
"We must reiterate that these provisions were clearly designed to curb abuse of court processes and discourage forum shopping in political disputes.
"This is therefore why the NBA is concerned that the abuse, misapplication, or selective deployment of these provisions may create opportunities for manipulation capable of undermining democratic competition and shrinking the political space.
"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.
"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."
The NBA, while threatening to take firm steps to deter such conduct, warned that lawyers, who deliberately file actions aimed at procuring judicial interference in intra-party affairs, or who seek ex parte or interlocutory orders in clear violation of statutory provisions, risk facing disciplinary proceedings.
It added, "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. This will be pursued decisively to serve as a deterrent and to preserve the sanctity of the judicial process."
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It urged the Judiciary to stay vigilant and resist being drawn into political theatrics, adding that "courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from.
"When statutes limit judicial meddling in party affairs, judges must show restraint, adhere to the law, and focus on cases properly before them."
The association urged the National Judicial Council (NJC) to make regulations that will sanction any judge, "who knowingly assumes jurisdiction in matters clearly barred by law, grants orders in respect of intra-party disputes in violation of statutory provisions, or lends the authority of the court to partisan political maneuvering.
"The NBA will not shy away from drawing the NJC’s attention to the actions of any judicial officer found to have acted in a manner inconsistent with the judicial oath, constitutional responsibilities, and the preservation of public confidence in the courts.
"The NBA will not hesitate to activate its constitutional responsibility to protect the integrity of the justice system."
The association equally urged the Independent National Electoral Commission (INEC) to exercise its expanded supervisory powers with utmost neutrality, independence, and fidelity to democratic values.
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It argued that INEC must not, under any circumstances, be seen as a participant in political engineering or as an institution whose regulatory authority is deployed in a manner that weakens political pluralism.
The NBA added: "The Chairman of INEC, being a distinguished Professor of Law and Senior Advocate of Nigeria, is uniquely positioned to appreciate the constitutional implications of these developments.
"The NBA expects that the commission, under his leadership, will ensure that its actions reflect independence, fairness, and strict adherence to democratic norms.
"The Bar is closely watching the conduct of the commission and expects that its regulatory role will strengthen, not diminish, confidence in Nigeria’s democratic process.
"The Bar will deploy all lawful mechanisms, engagement, advisory opinions, strategic litigation, and disciplinary processes, to ensure that lawyers do not weaponize the legal process so that the Judiciary is not misused.
"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 the misuse of judicial authority.
"The courts must remain arbiters of justice, not instruments of political advantage. Electoral institutions must remain neutral umpires, not participants in political contests. The electoral institutions must operate within the bounds of constitutional democracy."
