Monday Ubani (SAN) Clarifies Judicial Limits and the Concept of "Reserving Judgment"
Renowned legal expert Monday Ubani (SAN) has provided a deep dive into the limitations of judicial interference in the internal affairs of political parties.
Following the Supreme Court’s decision to reserve judgment in high-profile cases involving the ADC and PDP, Ubani clarified that courts generally lack the power to nominate candidates or structure party leadership.
Ubani highlighted Section 83 of the Electoral Act, which strictly forbids judicial interference in internal party matters and even stipulates a ₦10 million fine for lawyers who bring such cases to court.
However, he noted an exception: the court can intervene if a party violates its own constitution or the Nigerian Constitution.
Crucially, Ubani pointed to Section 22 of the Supreme Court Act, which gives the apex court the "global power" to take over a case entirely and resolve it as a primary court to prevent legal issues from becoming academic due to fast-moving electoral timelines.
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