…Urges INEC to maintain independence, remain Neutral
The Nigerian Bar Association (NBA) has expressed serious concerns over emerging legal and political developments ahead of the 2027 general elections.
The NBA specifically tasked the Independent National Electoral Commission (INEC) to exercise neutrality and independence in the lead-up to the 2027 elections.
It urged INEC to exercise its expanded supervisory powers with utmost neutrality, independence, and fidelity to democratic values, stressing that 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 NBA also referenced Section 83 of the Electoral Act 2026, which expressly bars courts from entertaining cases relating to internal party matters, and therefore warned against what it described as “judicial interference” in the internal affairs of political parties which could undermine Nigeria’s democracy and rule of law.
The Association said it has closely monitored recent political and legal developments as the nation gradually approaches the 2027 General Elections.
A statement by the NBA President, Mazi Afam Osigwe, SAN, stated that the Association had been closely monitoring developments linked to the interpretation and possible application of the provisions of the Electoral Act 2026, stressing that the trend as quite troubling and capable of eroding democratic institutions.
The NBA emphasised that the country’s laws and democratic values must be protected at all times, stressing that recent actions by some lawyers and courts appear to contradict clear statutory provisions governing political party disputes.
According to Osigwe; “These 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.
“We particularly deprecate the disturbing involvement by lawyers and courts in the internal affairs of political parties despite the clear provisions of the Electoral Act, 2026, which stipulates in Section 83 of the Act that ‘No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party,” it stressed.
The NBA also noted that the law also prohibits courts from granting interim or interlocutory orders in such cases, stressing that where such an action is brought in negation of this provision, no interim or interlocutory injunction shall be entertained by the Court.
It said the court ought to suspend its ruling and deliver it at the stage of final judgment and shall give accelerated hearing to the matter.
The NBA however, lamented that courts are still being drawn into intra-party disputes through what it described as “disingenuous litigation” and “forum shopping.”
The NBA further said; “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. This does not augur well for our democracy.”
The NBA therefore warned members of the Bar of their professional obligations, stressing that any attempt to manipulate judicial processes for political advantage would attract disciplinary action.
It also said; “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 NBA warned that it would not hesitate to discipline erring lawyers, saying 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.
“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,” it warned.
The NBA also urged judges to resist political pressure and adhere strictly to the law, stressing that 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 particularly called on the National Judicial Council (NJC) to sanction judges who assume jurisdiction in matters barred by law.
It also called on the National Judicial Council 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 noted that the INEC Chairman, described as a Professor of Law and Senior Advocate of Nigeria, is well positioned to ensure compliance with democratic norms.
It further said; “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 NBA reaffirmed its commitment to protecting Nigeria’s democracy and safeguarding the integrity of judicial institutions and assured that it 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.
The association insisted that democracy must not be weakened by legal manipulation, saying; “Nigeria’s democracy must not be weakened by legal maneuvering, institutional capture, or the misuse of judicial authority”.
The NBA stated that courts must remain arbiters of justice, not instruments of political advantage, stressing that Electoral institutions must remain neutral umpires, not participants in political contests.
