NBA Faults Court Rulings On ADC, Decries ‘Forum Shopping’ Against Opposition

The Nigerian Bar Association (NBA) has condemned what it described as increasing judicial interference in the internal affairs of political parties, warning that such actions threaten Nigeria’s constitutional democracy as the country moves toward the 2027 general elections.

The NBA in a statement signed by its President, Mazi Afam Osigwe (SAN) on Friday expressed concern over what it called the “disturbing involvement by lawyers and courts” in intra-party disputes despite clear restrictions under the Electoral Act 2026.

The NBA specifically faulted recent court decisions involving disputes within the African Democratic Congress (ADC), describing them as part of a wider trend of “forum shopping” and abuse of judicial processes aimed at securing political advantage.

Citing Section 83 of the Electoral Act 2026, the NBA reiterated that Nigerian courts lack jurisdiction over matters concerning the internal affairs of political parties. The association further noted that the law also prohibits courts from granting interim or interlocutory injunctions in such cases, insisting that where such matters are filed, courts are expected to suspend rulings until final judgment and give accelerated hearing.

Despite these provisions, the NBA lamented that litigants continue to file suits in violation of the law while some courts have proceeded to grant interim orders, a development it described as dangerous for democratic stability.

According to the association, “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.”

The NBA warned that such practices risk turning the judiciary into a platform for political manipulation and electoral interference, stressing that the provisions of the Electoral Act were intended to prevent abuse of court processes and discourage politically motivated litigation.

The association also cautioned members of the legal profession, reminding them that they are “Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives.”

It warned that any lawyer found to be engaging in actions designed to draw courts into intra-party disputes risks disciplinary action before the Legal Practitioners Disciplinary Committee (LPDC).

“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 stated.

It further warned: “The NBA will take firm steps to deter such conduct. 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.”

On the judiciary, the association urged courts to exercise restraint and strictly adhere to the law, stressing that judges must avoid being drawn into political controversies.

“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics,” it said. “Courts should firmly decline invitations, no matter how artfully crafted, to intervene in matters the law explicitly bars them from.”

The NBA also called on the National Judicial Council (NJC) to sanction judges who assume jurisdiction in violation of statutory provisions or issue orders in intra-party disputes contrary to the law. It warned that it would not hesitate to bring such matters to the attention of the NJC.

In addition, the association urged the Independent National Electoral Commission (INEC) to maintain strict neutrality and avoid any perception of political bias or interference in party politics.

“The Commission must not, under any circumstances, be perceived as a participant in political engineering or as an institution whose regulatory authority is deployed in a manner that weakens political pluralism,” the statement said.

The NBA added that the credibility of INEC under its current leadership would be closely watched, stressing the importance of maintaining public confidence in the electoral process ahead of 2027.

Reaffirming its commitment to protecting Nigeria’s democracy, the association said it would deploy all lawful mechanisms, including disciplinary action, engagement, advisory opinions, and strategic litigation, to ensure the sanctity of the judicial process.

“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,” it warned.

The statement added that the courts must remain arbiters of justice while electoral institutions must function strictly within constitutional limits as neutral referees in the democratic process.