SAN faults Electoral Act provisions on sanctions
A Senior Advocate of Nigeria, Jibrin Okutepa, has raised concerns over provisions in the Electoral Act 2026 that impose heavy sanctions on lawyers. He believes such measures could undermine access
A Senior Advocate of Nigeria, Jibrin Okutepa, has raised concerns over provisions in the Electoral Act 2026 that impose heavy sanctions on lawyers.
He believes such measures could undermine access to justice and weaken Nigeria’s democracy.
Okutepa, in a statement, faulted sections of the law that prescribe fines of up to N10 million against lawyers and litigants in certain electoral disputes, describing them as punitive and capable of discouraging legal representation.
He specifically queried provisions such as Sections 83(6)(a) and 138(3), which he argued interfere with the constitutional duties of lawyers and judicial discretion.
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According to him, the sections amount to a direct encroachment on the right to fair hearing and access to justice.
“The imposition of such huge costs on counsel who genuinely believe in the cases they pursue cannot be in the interest of justice,” he said.
The SAN noted that the provisions could instil fear and timidity among lawyers handling politically sensitive matters.
Okutepa also expressed concern over the lack of clarity in defining what constitutes the “internal affairs” of a political party, warning that the ambiguity could expose lawyers to sanctions even in cases involving legitimate constitutional questions.
He argued that the risk of personal liability for legal costs could force lawyers to demand massive deposits from clients before accepting briefs, thereby shutting out less privileged litigants from seeking redress in court.
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Beyond the sanctions, the senior lawyer criticised the removal of qualification as a ground for election petitions under the new law, stating that it could create confusion and further expose both lawyers and petitioners to penalties.
Okutepa called on the Nigerian Bar Association (NBA) to urgently review the contentious provisions and lead efforts to safeguard the integrity of the legal profession.
He lamented what he described as a decline in professional standards within the legal community.
The SAN urged lawyers and judges to return to the principles of discipline, accountability and strict adherence to rules of professional conduct.
“The legal profession must rise above partisan interests and reclaim its role as the guardian of justice and democracy,” he said.
Okutepa warned that unless urgent steps are taken to address the issues, the legal profession risks losing public confidence and its relevance in Nigeria’s democratic process.
