₦airaland Forum

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.

Cyberterror:
ADC's legal woes precedes the signing of the 2026 electoral act.

Cyberterror:
ADC's legal woes precedes the signing of the 2026 electoral act.

givedemwotowoto:
There is no democracy currently in Nigeria. The constitution has been violated. Democratic institutions and values destroyed

SmartPolician:
Laws don't work like that. The law of the supersedes everything it covers, whether new or old.

The next thing ADC members should do is to take INEC to court and get the presiding judge to have INEC reinstate their positions while they settle the matter in-house.

yarimo:
Defect and lose your seat is only applicable to rivers state lawmakers alone according to any where bele face lawyer FEMI FALANA..

yarimo:
Defect and lose your seat is only applicable to rivers state lawmakers alone according to any where bele face lawyer FEMI FALANA..

Willy2025:
The court cannot be incapacitated. The provision of the Electoral Act 2026 contravenes the judicial power under the 1999 Constitution of Nigeria. Where it is established that the parties didn't follow its constitution or violate it, the court has the jurisdiction and powers to correct the infractions. No law can oust the jurisdiction of the court. The SAN Falana got it wrong. He likes to talk too much.

Emekaonline:
Was it not intra party that made Supreme court nullified Zamfara election? Was it not intra party issue that prevented APC from fielding candidates in Rivers in 2019?

Vixlot:
So if a party Chieftain mistakenly killed another party member at party campaign rally, it should be party affairs?

May God deliver us from enemy within
God Bless President Bola Tinubu
God Bless Federal Republic of Nigeria

Parachoko:
A court can intervene if the Political Party does not follow It's Own Rule

It's the reason Wike's faction defeated Makinde's faction at the court

Dancebreaker:
Werey.
Homicide is a capital offence wherever it happens.

Even it ends up being manslaughter, it's still no party matter, it's a criminal act.

politicoNG:
https://www.thisdaylive.com/2026/04/06/courts-barred-from-entertaining-intra-party-disputes-says-falana/

Jokay07:
No.
Wike faction defeated Makinde not because intra party rules but because Wike got court judge from Federal high court in abuja and Makinde countered it by getting a court juggling from a state high court in Ibadan.
What Makinde should have done is to appeal the judgment

discusant:
Which courts do you have in Nigeria?

Court judges appointed by APC government.

Willy2025:
The court cannot be incapacitated. The provision of the Electoral Act 2026 contravenes the judicial power under the 1999 Constitution of Nigeria. Where it is established that the parties didn't follow its constitution or violate it, the court has the jurisdiction and powers to correct the infractions. No law can oust the jurisdiction of the court. The SAN Falana got it wrong. He likes to talk too much.

Cyberterror:
ADC's legal woes precedes the signing of the 2026 electoral act.