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OPINION| With democracy injuncted into Paralysis; is the Judiciary inadvertently enabling political instability

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…From the fractured opposition to emerging coalitions, and even within relatively stable platforms, litigation has become both weapon and shield.

…The Nigerian Bar Association (NBA) has rightly sounded the alarm, drawing attention to the growing trend of lawyers and courts inserting themselves into the internal affairs of political parties

FRI APRIL 10 2026-theGBJournal| Bedeviled with a raft of injunctions and internal party chaos, Nigeria’s political arena is fast morphing into a legal battleground where courtrooms, rather than party conventions or the ballot box, are becoming the decisive arenas of power.

Across the ruling bloc and opposition alike, a troubling pattern has emerged: political actors, once allies within the same structures, now sprint to the courts at the slightest disagreement, seeking injunctions to halt processes, suspend rivals, or secure tactical advantage.

From the fractured opposition to emerging coalitions, and even within relatively stable platforms, litigation has become both weapon and shield.

As the race toward the 2027 general elections gradually gathers momentum, the judiciary risks being overwhelmed—and perhaps compromised—by the sheer volume and nature of politically motivated cases.

What makes this moment particularly concerning is not merely the frequency of these legal interventions, but their apparent disregard for statutory boundaries.

The Nigerian Bar Association (NBA) has rightly sounded the alarm, drawing attention to the growing trend of lawyers and courts inserting themselves into the internal affairs of political parties.

At the center of this warning is the Electoral Act 2026, specifically Section 83, which explicitly bars courts from entertaining matters that pertain to party internal mechanisms.

Yet, in defiance of this clear provision, litigants continue to file suits—and courts, in some instances, continue to grant interim or interlocutory injunctions that effectively override party processes.

This raises a fundamental question: is the judiciary inadvertently enabling political instability? The courts are designed as arbiters of justice, not arenas for political brinkmanship.

When judges issue orders that directly contradict statutory provisions, it not only undermines the law but also erodes public confidence in the judiciary’s impartiality. The increasing reliance on legal technicalities to resolve political disputes signals a deeper institutional failure within political parties themselves—an inability or unwillingness to manage dissent internally.

The contagion of litigation has spared no one. Even the electoral umpire, the Independent National Electoral Commission (INEC), finds itself entangled in controversy and court cases, particularly over its interpretations of regulatory documents and party compliance issues.

When the body tasked with ensuring credible elections becomes a litigant or a subject of legal contention, it casts a long shadow over the integrity of the entire electoral process. If INEC’s decisions are consistently challenged and suspended by court orders, the predictability and stability required for credible elections may be severely compromised.

The intervention of the NBA, therefore, is both timely and necessary—yet it also raises the uncomfortable possibility that it may be coming rather late.

For years, the legal profession has watched as political actors weaponized the courts, often with the tacit cooperation of willing practitioners. The NBA’s condemnation of lawyers who file suits in clear violation of the law is a welcome step, but enforcement will be key.

Without tangible sanctions—ranging from disciplinary measures to disbarment—the warning risks being dismissed as mere rhetoric.

More broadly, the NBA’s stance touches on a deeper constitutional dilemma. Nigeria’s democracy rests on a delicate balance between institutional autonomy and judicial oversight.

Political parties are private associations with public responsibilities, and while they must operate within the law, they are also entitled to manage their internal affairs without undue interference.

The courts, for their part, must resist the temptation to adjudicate every dispute brought before them, especially when the law explicitly restricts their jurisdiction.
The current situation suggests a breakdown of that balance. Political actors, wary of losing internal battles, increasingly seek judicial shortcuts. Lawyers, perhaps motivated by professional fees or partisan loyalties, facilitate this trend.

And some courts, whether due to pressure, interpretation, or expediency, grant orders that further complicate already volatile situations. The result is a vicious cycle in which litigation begets more litigation, and political uncertainty deepens.

Looking ahead to 2027, the implications are stark. A political landscape dominated by court orders and counter-orders is unlikely to produce stable candidates, coherent party platforms, or credible electoral outcomes. Voters may find themselves choosing between candidates whose legitimacy is still being contested in courtrooms.

Worse still, prolonged legal battles could delay key electoral milestones, creating openings for constitutional crises.

What, then, is the way forward? First, the NBA must move beyond statements and establish a clear enforcement mechanism to discipline erring lawyers. Naming and sanctioning offenders would send a strong signal that the legal profession will no longer tolerate abuse of the judicial process.

Second, the judiciary itself must exercise greater restraint, adhering strictly to the provisions of the Electoral Act and resisting attempts to draw it into political disputes that fall outside its jurisdiction. Judicial training and internal review mechanisms could help ensure consistency in rulings.

Third, political parties must urgently strengthen their internal dispute resolution frameworks. Transparent primaries, credible arbitration panels, and clear rules can reduce the incentive to seek judicial intervention.

Ultimately, the responsibility lies with political actors to respect their own institutions and processes.

Nigeria stands at a critical juncture. The courts must not become instruments for truncating democratic processes, nor should they be seen as extensions of political strategy.

If the current trajectory continues unchecked, the 2027 elections risk being shaped less by the will of the people and more by the rulings of judges.

The NBA has fired a warning shot; whether it leads to meaningful reform or fades into the background noise of Nigeria’s political theatre will determine the health of the nation’s democracy in the years ahead.

X-@theGBJournal|Facebook-the Government and Business Journal|email:gbj@govbusinessjournal.com|govandbusinessj@gmail.com

 

 

 

 

 

 

Access Pensions, Future Shaping
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