Breaking: Democracy at Risk: NBA President Afam Osigwe San Warns Lawyers, Courts Against Subverting Electoral Laws

As Nigeria slowly marches toward the 2027 General Elections, the Nigerian Bar Association (NBA) has sounded a high-voltage alarm over what it describes as a dangerous descent into legal anarchy. In a hard-hitting statement, the NBA President, Mazi Afam Osigwe, SAN, declared that the nation’s democracy will not survive if lawyers and courts continue to violate the clear letters of the Electoral Act 2026.

At the heart of the NBA’s grievance is a flagrant disregard for Section 83 of the Electoral Act 2026, which explicitly ousts the jurisdiction of courts from the internal affairs of political parties.

The Act clearly states: “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”

Furthermore, the Act bars courts from granting interim or interlocutory injunctions in such matters, mandating that any action brought in violation must be suspended until final judgment and given accelerated hearing.

Despite this, the NBA observes a disturbing trend where:

· Lawyers are filing suits in clear violation of the Act.

· Courts are granting interim injunctions in "clear contempt" of statutory provisions.

According to the NBA, this trend does not bode well for democracy. It risks transforming judicial processes into avenues for political score-settling and electoral manipulation.

In a stern rebuke to legal practitioners, the NBA reminded members that they are Ministers in the Temple of Justice, not political agents seeking judicial endorsements.

"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 has promised zero tolerance. Lawyers who deliberately file such actions or seek ex-parte orders in violation of the Electoral Act will face disciplinary proceedings before the Legal Practitioners Disciplinary Committee (LPDC).

The NBA did not spare the bench. It called on judges to resist being drawn into "political theatrics." When statutes explicitly bar judicial meddling in party affairs, judges must show restraint and adhere strictly to the law.

The Association has urged the National Judicial Council (NJC) to create regulations that will sanction any judge who:

· Knowingly assumes jurisdiction in matters barred by law.

· Grants orders regarding intra-party disputes in violation of statutory provisions.

· Lends the authority of the court to partisan political maneuvering.

The NBA vowed to activate its constitutional responsibility to draw the NJC’s attention to any judicial officer acting inconsistently with their oath.

The NBA also turned its gaze to the Independent National Electoral Commission (INEC). The Association called on INEC to exercise its expanded supervisory powers with "utmost neutrality, independence, and fidelity to democratic values."

Specifically, the NBA reminded the INEC Chairman—a distinguished Professor of Law and Senior Advocate of Nigeria—that he is uniquely positioned to appreciate the constitutional implications of these developments. The Bar is "closely watching" the Commission’s conduct.

Mazi Afam Osigwe, SAN, concluded with a solemn warning: Nigeria’s democracy must not be weakened by legal maneuvering, institutional capture, or the misuse of judicial authority.

The courts must remain arbiters of justice, not instruments of political advantage. Electoral institutions must remain neutral umpires, not participants in political contests.

The NBA has promised to deploy all lawful mechanisms—engagement, advisory opinions, strategic litigation, and disciplinary processes—to ensure that lawyers do not weaponize the legal process.