Falana cites Electoral Act, says courts cannot issue interim injunctions in party disputes until final judgment is delivered.
Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has stated that no court in Nigeria has the power to grant interim or interlocutory injunctions in disputes involving the internal affairs of political parties.
Falana, in a statement on Saturday while speaking on the provisions of Section 83 of the Electoral Act 2026, said: “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.
“Where such an action is brought in negation of this provision, no interim or interlocutory injunction shall be entertained by the Court, but the Court shall suspend its ruling and deliver it at the stage of final judgment and shall give accelerated hearing to the matter.
“Furthermore, the court shall, at the conclusion of the matter, impose costs of not less than N10,000,000.00 on the counsel who filed the action and not less than N10,000,000.00 on the plaintiff/applicant. The party may also be required to pay the commission any costs, including solicitors’ fees incurred where it is joined as a party.”
Falana emphasised that these measures are designed to prevent internal party disputes from overwhelming the judiciary while ensuring compliance with the Independent National Electoral Commission’s (INEC) oversight.
“This is a clear signal that intra-party matters must be resolved within the party structure or under the supervision of the commission. Courts are to intervene only at final judgment, not at interim stages.”
The Electoral Act 2026 also mandates that INEC keep records of all registered political parties, seek clarifications from party officials at any level, and impose fines of up to N1 million on parties that fail to comply with lawful directives.
