ADC crisis: NBA vows to sanction lawyers filing suits on party disputes

The Nigerian Bar Association has warned that it will take disciplinary action against lawyers who institute court cases aimed at drawing the judiciary into internal disputes within political parties.

In a statement released amid ongoing factional and leadership crisis in the coalition-backed African Democratic Congress (ADC), the association expressed concern over what it described as a growing trend of legal practitioners and courts becoming entangled in intra-party matters, despite clear provisions of the law.

“The Nigerian Bar Association has closely monitored recent political and legal developments as the nation gradually approaches the 2027 General Elections,” the statement read.

“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.”

The NBA stressed that the law explicitly bars courts from entertaining cases relating to the internal affairs of political parties. Quoting Section 83 of the Electoral Act 2026, it said, “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”

It further explained that courts are also restricted from issuing interim or interlocutory orders in such matters. “Not only are courts denied jurisdiction to entertain any matter pertaining to the internal affairs of a political party, but they are also precluded from granting any interim or interlocutory injunction even where any action has been brought in violation of the Act,” the statement said.

The association criticised what it described as ongoing violations of 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. This does not augur well for our democracy.”

The NBA warned that such practices could undermine democratic processes.

“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,” it stated.

Reiterating its position, the association reminded lawyers of their professional obligations. “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,” it said.

The NBA vowed to take decisive action against erring practitioners. “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,” it said.

“The NBA will take firm steps to deter such conduct. Lawyers who deliberately file actions aimed at procuring judicial interference in intra-party affairs… 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 added that the move is necessary “to serve as a deterrent and to preserve the sanctity of the judicial process,” urging courts to resist being drawn into what it termed political manoeuvring.

“The Nigerian judiciary must stay vigilant and resist being drawn into political theatrics,” the statement concluded.