Courts Barred from Entertaining Intra-Party Disputes, Says Falana

Human rights lawyer, Femi Falana (SAN), has stated that Nigerian courts no longer have the power to grant interim or interlocutory injunctions in matters relating to the internal affairs of political parties until final judgment is delivered.
Falana made this known in a press statement citing provisions of the Electoral Act 2026, which he said has significantly limited judicial intervention in intra-party disputes.
According to him, members of political parties are now barred from instituting court actions over internal party matters. He warned that any such case filed in court would attract stiff financial penalties, including a minimum cost of ₦10 million each against both the plaintiff and the lawyer who initiated the suit.
Quoting Section 83 of the Act, Falana explained that the Independent National Electoral Commission (INEC) is empowered to monitor and keep records of the activities of all registered political parties. The commission may also request clarifications from parties on activities that may contravene the Constitution or other relevant laws.
He added that failure by any political party to comply with INEC’s directives or provide required information could result in fines of up to ₦1 million.
Falana further emphasized that the law expressly prohibits courts from assuming jurisdiction over disputes involving the internal affairs of political parties. He noted that where such cases are brought before the courts, judges are mandated to withhold any interim rulings and instead deliver decisions only at the conclusion of the case, while ensuring accelerated hearings.
“In addition, the court is required to impose costs of not less than ₦10 million on both the counsel and the plaintiff at the end of such proceedings,” he stated.
The senior advocate said the provision is aimed at discouraging frivolous litigation and reducing judicial interference in party administration, while strengthening regulatory oversight by INEC.