Legal practitioners have expressed divergent views over a recent statement by the Nigerian Bar Association (NBA) warning lawyers and courts against involvement in the internal affairs of political parties ahead of the 2027 general elections.
While some lawyers backed the NBA’s position as a necessary step to safeguard democracy, others faulted it, arguing that it undermines constitutional rights, particularly the right to a fair hearing.
A Lagos-based lawyer, Muhammed Adam, criticised the statement, saying it does not reflect the association’s collective position.
“With due respect, I think the NBA President needs to separate his personal opinion from the opinion of the Association. This cannot be the position of the Association on matters like this,” he said.
Similarly, human rights lawyer Emmanuel Ogar argued that the NBA’s reliance on Section 83 of the Electoral Act 2026 fails to recognise the supremacy of the Constitution.
“The right to fair hearing is a constitutional right, and where a person alleges that their rights (under any circumstances) have been violated, those individuals have the right to fair hearings or the right to seek redress in court,” he said.
Ogar described any attempt to oust the jurisdiction of courts as inconsistent with Section 36(1) of the 1999 Constitution, stressing that “no law or authority is superior to the Constitution.”
He added that while courts should be cautious in granting interlocutory orders capable of stalling democratic processes, they cannot be barred from exercising judicial powers where rights are allegedly violated.
“Finally, threatening lawyers or judges in statements is, on its own, totally unacceptable.
The NBA is not a political party to make statements, advising parties or INEC on matters pending before the Court, also, the NBA and its leadership, cannot constitute itself to a Court to give a conclusive interpretation of the law or give verdict based on what the leadership believes is the true position of the law, no matter how persuasive the facts appears before it,” he added.
Also weighing in, another Lagos-based lawyer, Ridwan Oke, cited judicial precedents to support litigants’ right to approach the courts.
Citing the case of Inakoju versus Adeleke, he noted that courts have historically intervened in political matters where due process was breached.
“Imagine if Lawyers had refused to go to court because the Constitution purportedly ousted the jurisdiction of the Court? So, who are you to deny people their fundamental right to a fair hearing by saying they cannot approach the Court? It is only the court that can determine that it has entered its jurisdiction. Not you, a random fellow citizen,” he said.
Oke, however, called for scrutiny of the nature of court orders granted in political cases rather than restricting access to the courts.
On the other hand, some lawyers aligned with the NBA’s position, describing it as a necessary intervention to curb abuse of judicial processes.
Human rights lawyers, Festus Ogun and Inibehe Effiong, strongly backed the association’s stance.
“Any lawyer who has any issue with this statement must stand to be counted as one of the very enemies of Nigeria’s democracy,” Ogun said, commending the NBA leadership.
Effiong also reaffirmed his stance with the NBA’s position.
Another lawyer, Najib Adab Usman, also welcomed the NBA’s warning, noting that unethical practices among lawyers have contributed to the problem.
“Lawyers have lost their collective will to challenge unethical and unprofessional conduct among themselves. I welcome the caution by the NBA to lawyers, the courts, and the Independent National Electoral Commission,” he said.
Usman added that disciplinary measures should be taken against erring practitioners, citing what he described as growing misuse of court processes in politically sensitive cases.
Recall that the lawyer of Nafiu Bello, the ex-ADC national deputy chairman, had filed a suit seeking that INEC recognises him as the authentic ADC chairman, following the resignation of the founder and immediate past chairman, Ralph Nwosu.
The derecognition, which will bar the ADC from fielding a presidential candidate for the 2027 election, has prompted ongoing protests at the INEC headquarters in Abuja, as well as public condemnation of the move by the electoral body, alleging it is helping the ruling All Progressives Congress (APC) impose a one-party system in the country.
Reacting to the development, the NBA specifically referenced Section 83 of the Act, which bars courts from entertaining cases relating to the internal affairs of political parties and restricts the granting of interim or interlocutory injunctions in such matters.
It decried what it described as a growing trend of lawyers filing suits in violation of the law and courts granting orders contrary to statutory provisions, warning that such practices could undermine democratic processes and turn the judiciary into a tool for political manipulation.
The NBA also cautioned legal practitioners against engaging in forum shopping and filing cases aimed at securing undue political advantage, stressing that such actions amount to abuse of court process and breach of professional responsibility.
It further warned that lawyers found culpable risk facing disciplinary action before the Legal Practitioners Disciplinary Committee, while urging courts to resist being drawn into matters the law expressly prohibits.
