We Are Closely Watching Your Conduct, NBA Tells INEC

*Says Amupitan as SAN must show respect for democratic norms

*Seeks sanction against lawyers, judges interfering into party’s internal dispute

Alex Enumah in Abuja

As political activities towards the 2027 general elections gathers momentum, the Nigerian Bar Association (NBA) has sounded the warning to lawyers, judges as well as the electoral umpire, over their increasing interference in the internal dispute of political parties.

The NBA based its warning on the conviction that, “Democracy will not thrive in a situation where lawyers and courts take actions and decisions that not only negate our laws but also do violence to them”.

The Association’s position may not be unconnected with the Independent National Electoral Commission (INEC’s) decision to remove the leadership of the African Democratic Congress (ADC), from the commission’s portal.

The decision of INEC which has sparked wide controversy, led to the Senator David Mark-led leadership of the ADC, leading a mass protest to the INEC’s headquarters and calling for the resignation of the Commission’s chairman, Prof Joash Amupitan, SAN.

INEC had said it based its decision on the ruling of a Court of Appeal, which ordered parties to maintain status quo ante bellum.

Besides the ADC issue, the People’s Democratic Party (PDP) is waiting for the apex court to determine the authentic leadership of the party, between those that emerged from its November 2025, national convention in Ibadan, Oyo State and those that newly emerged from a recent convention held in Abuja.

Although, despite the pendency of the case at the Supreme Court, the Amupitan led INEC has already gone ahead to recognize the Abuja convention, which produced leaders loyal to the Federal Capital Territory (FCT) Minister, Nyesom Wike.

Decrying the increasing involvement of the judiciary in the internal affairs of political parties, the NBA warned that if urgent steps are not taking to curb the development, the country’s democracy would soon be at great risk.

“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 said.

President of the NBA, Mazi Afam Osigwe, SAN, who disclosed that the body is closely monitoring recent political and legal developments stressed that, “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.

“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”, a statement he issued on Friday read.

To this end, he called on the Independent National Electoral Commission (INEC) to exercise its expanded supervisory powers with utmost neutrality, independence, and fidelity to democratic values.

According to him, INEC 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 Chairman of INEC, being a distinguished Professor of Law and Senior Advocate of Nigeria, is uniquely positioned to appreciate the constitutional implications of these developments.

“The NBA expects that the Commission, under his leadership, will ensure that its actions reflect independence, fairness, and strict adherence to democratic norms.

“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”, he added.

While reminding lawyers that they are Ministers in the Temple of Justice and not political agents seeking judicial endorsement of partisan objectives, Osigwe warned that 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.

He assured that the body will penalize 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.

“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. This will be pursued decisively to serve as a deterrent and to preserve the sanctity of the judicial process”.

Similarly, he called on the National Judicial Council (NJC) 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.

He said, “The NBA will not shy away from drawing the NJC’s attention to the actions of any judicial officer found to have acted in a manner inconsistent with the judicial oath, constitutional responsibilities, and the preservation of public confidence in the courts.

“The NBA will not hesitate to activate its constitutional responsibility to protect the integrity of the justice system”.