By Nworisa Michael
The Nigerian Bar Association has raised fresh concerns over judicial involvement in political party affairs following recent court decisions that led the Independent National Electoral Commission to withdraw recognition of the African Democratic Congress (ADC) leadership led by David Mark.
INEC had earlier removed the names of the party’s National Working Committee led by Sen. David Mark from its official portal, citing compliance with a judgment of the Court of Appeal in Abuja. The appellate court, in Appeal No. CA/ABJ/145/2026, directed all parties in the leadership dispute to maintain the status quo ante bellum pending the determination of the substantive suit before the Federal High Court.
The court further warned against any actions that could prejudice the case, effectively halting recognition of any faction of the party until the matter is resolved.
Reacting to the development, the NBA, in a statement signed by its President, Afam Osigwe, said it has been closely monitoring the situation and warned that the increasing resort to litigation in intra-party disputes poses serious risks to Nigeria’s democracy ahead of the 2027 general elections.
The association particularly expressed concern over what it described as the growing trend of lawyers and courts becoming entangled in the internal affairs of political parties, despite clear provisions of the Electoral Act 2026.
Citing Section 83 of the Act, the NBA emphasised that courts lack jurisdiction over internal party matters and are barred from granting interim or interlocutory orders in such cases.
It, however, lamented that recent developments suggest a departure from these provisions.
“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,” the statement said.
The NBA warned that practices such as forum shopping and strategic litigation aimed at securing political advantage could erode public confidence in the judiciary and distort democratic processes.
The association stressed that the relevant provisions of the Electoral Act were designed to prevent abuse of court processes and limit judicial interference in political party affairs, warning that continued violations could shrink the democratic space.
It also reminded legal practitioners of their ethical responsibilities, noting that lawyers are “ministers in the temple of justice” and must not act as political agents seeking judicial endorsement of partisan interests.
The NBA warned that it would not hesitate to sanction any lawyer found filing suits intended to draw courts into intra-party disputes in violation of the law, adding that such conduct could attract disciplinary action before the Legal Practitioners Disciplinary Committee.
On the judiciary, the association urged judges to exercise restraint and strictly adhere to statutory provisions by declining jurisdiction in matters clearly barred by law.
“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics,” it stated.
The NBA further called on the National Judicial Council to sanction any judicial officer found to have acted contrary to the law or assumed jurisdiction in prohibited matters.
It also urged INEC to remain neutral and uphold democratic principles in the exercise of its regulatory powers, particularly amid ongoing political tensions.
Reaffirming its commitment to protecting the integrity of the legal system, the NBA said it would deploy all lawful mechanisms, including engagement, advisory opinions, and disciplinary processes, to prevent the misuse of judicial processes.
The association concluded that Nigeria’s democracy must not be undermined by legal manipulation, stressing that courts must remain impartial arbiters of justice while electoral institutions operate strictly within constitutional limits.
