OPINION: Opposition in Crises: Is the Judiciary to Blame

Interestingly, Justice Peter Lifu was also the judge who presided over proceedings concerning the Labour Party leadership dispute, culminating in a ruling directing INEC to recognise Senator Nenadi Usman as the party legitimate leader, to the exclusion of other competing factions.

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November 9, (THEWILL) – Is Nigeria witnessing the natural consequences of dysfunctional opposition parties, or is the growing intersection of ruling-party interests and judicial intervention creating an increasingly unequal political environment? Is it merely a coincidence that, immediately after the 2023 general elections, some of the major political parties that contested the elections began experiencing severe legal and structural crises?

Both the Labour Party and the once-dominant Peoples Democratic Party (PDP) have been engulfed by what appears to be irreconcilable internal leadership disputes, leaving their presidential candidates scrambling for alternative platforms to pursue their political ambitions. The Labour Party presidential candidate, Peter Obi, has found a new political home, alongside Rabiu Musa Kwankwaso, in the Nigeria Democratic Congress (NDC). Alhaji Atiku Abubakar, on the other hand, appeared to have found a safe harbour in the African Democratic Congress (ADC), until the most recent Federal High Court judgment nullified the party congresses and removed the National Executive Committee led by Senator David Mark.

The judgment, delivered by Justice Peter Lifu, recognised an aggrieved party chieftain and former ADC Deputy National Chairman, Nafiu Bala Gombe, as the party authentic leader. Justice Lifu, in the ruling delivered on Thursday, nullified all actions taken by the Mark-led executive, declaring them unlawful, unconstitutional, illegal, null and void. The judge held that the Mark-led executive emerged through an unlawful process and should not be recognised by the Independent National Electoral Commission (INEC).

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Interestingly, Justice Peter Lifu was also the judge who presided over proceedings concerning the Labour Party leadership dispute, culminating in a ruling directing INEC to recognise Senator Nenadi Usman as the party legitimate leader, to the exclusion of other competing factions.

The Labour Party leadership crisis began taking a more serious turn in April 2023, when an Abuja High Court issued an interim order restraining Julius Abure and some members of his National Working Committee from parading themselves as national officers. The order followed a suit by aggrieved party members who challenged their continued occupation of office and raised allegations of misconduct, including forgery and conspiracy. The development provided an opening for Lamidi Apapa, then the party Deputy National Chairman (South), to declare himself acting national chairman, triggering a bitter leadership confrontation between the rival camps. Although the Court of Appeal subsequently set aside the original restraining order against Abure in March 2024, the internal divisions had already deepened.

What began as an internal disagreement over leadership, accountability and tenure eventually degenerated into a protracted legal battle, with competing factions seeking judicial validation of their claims to the soul of the party. Like the Labour Party, the PDP crisis took a more troubling turn after the 2023 general elections, in which the party finished second in the presidential election and controlled 12 state governorships. Unfortunately, disagreements over the party presidential zoning arrangement, the continued leadership of Iyorchia Ayu and Nyesom Wike fallout with Atiku Abubakar exposed deep divisions within the opposition party.

The crisis assumed a wider political dimension when Wike, despite remaining a PDP member, accepted an appointment as Minister of the Federal Capital Territory under President Bola Tinubu APC-led administration. His continued relationship with the ruling party, coupled with his political influence within the PDP, fuelled accusations by rival factions that he was undermining the opposition from within.

In October 2025, the Federal High Court in Abuja issued orders restraining the PDP from proceeding with its proposed national convention over disputes concerning state congresses and internal party procedures. Another court order, arising from a complaint by former Jigawa State Governor Sule Lamido, restrained the party from holding the convention without allowing him to participate in the chairmanship contest.

Despite the legal restrictions, the Makinde-aligned faction proceeded with its November 15–16, 2025, convention in Ibadan, producing Kabiru Tanimu Turaki as national chairman. This triggered further litigation, with the Wike-aligned faction challenging the legitimacy of the exercise.

On April 30, 2026, the Supreme Court, in a 3–2 split decision, nullified the Ibadan convention, holding that it had been conducted in disobedience of subsisting court orders.

The judgment subsequently strengthened the legal position of the Wike-aligned faction, while the rival camp challenged the implications of the decision.

For a party that governed Nigeria for 16 consecutive years, between 1999 and 2015, the development represents a significant setback in its struggle to maintain political relevance and organisational cohesion.

Following Peter Obi emergence as the presidential candidate of the NDC, the party also found itself entangled in judicial battles, raising further questions about the legal obstacles confronting opposition politics ahead of the 2027 general elections.

The party registration became the subject of litigation after a Federal High Court in Lokoja, which had initially ordered INEC to register it in December 2025, set aside that judgment in June 2026 following an application by the Peace Movement Party, which argued that it had been denied a fair hearing.

Although the NDC subsequently secured a 2–1 victory at the Court of Appeal in September, which overturned the lower court decision and restored the legal position recognising its registration, another legal confrontation emerged over its Kano governorship ticket.

In October 2026, a Federal High Court in Kano restrained INEC from publishing candidates on the party governorship list following a suit by aggrieved members challenging the emergence of Aminu Abdussalam Gwarzo and his running mate.

These developments illustrate how disputes over party registration, internal democracy and candidate selection are increasingly finding their way into Nigeria courtrooms, with potentially significant consequences for opposition participation in the 2027 elections.

While these developments may appear to be ordinary internal political wranglings, the pattern, timing and circumstances under which they are unfolding remain a major cause for concern for Nigeria democracy.

The gale of defections that has swept through the PDP has been particularly consequential, with the party losing its once-considerable control of state governments. Interestingly, several of its governors have defected to the ruling APC, leaving the opposition party significantly weakened. This is why political analysts continue to raise concerns about the travails of major opposition parties and their candidates, and, more importantly, the future of genuine multiparty democracy in Nigeria.

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In an interview with journalists, a former Deputy National Chairman of the PDP accused the ruling party of using the judiciary to fuel internal crises within opposition parties. He argued that INEC had monitored the PDP convention and questioned the legal basis for a lower court to invalidate an exercise conducted under the commission observation.

He said: “Did INEC not monitor the convention? Did delegates across the country not participate? Did members vote, and were the results counted openly? Nobody expressed any grievances with the conduct and outcome of the convention, so why will INEC now turn back to illegally recognise an unknown national caretaker committee?”

Similarly, prominent political analyst Mahmud Jega described the developments as part of a growing trend of judicial actions affecting opposition political parties, warning that such developments could undermine Nigeria democracy ahead of the 2027 general elections.

Jega said the increasing perception that there was a coordinated effort to weaken opposition parties through the courts was becoming difficult to ignore. He added that the Presidency must distance itself from any actions capable of eroding democratic institutions.

He further argued that recent court rulings affecting several opposition parties had reinforced public suspicion that some forces were working to prevent opposition parties from effectively participating in the 2027 elections.

Political economist Atedo Peterside has also warned that weakening democratic competition could trigger instability ahead of the 2027 elections. Speaking during a television interview, Peterside raised concerns about public confidence in the judiciary following recent decisions involving the PDP and the ADC.

According to him, the pattern of judicial proceedings raises questions about unequal access to justice, with politically exposed individuals seemingly enjoying faster hearings than ordinary Nigerians.

The Nigerian Bar Association (NBA) also weighed in earlier this year, expressing concern over what it described as attempts to undermine the Electoral Act through litigation targeting the internal affairs of political parties.

The association warned: “This emerging trend of subverting the clear letters of the Electoral Act and dragging courts into the internal affairs of political parties through disingenuous litigation, forum shopping, and mala fide applications designed to secure undemocratic political advantage, bodes no good for our democracy.”

The NBA further argued that such practices, if not immediately checked, would contradict the clear intention of the Electoral Act and risk transforming judicial processes into avenues for political score- settling and electoral manipulation.

Ultimately, the unfolding crises raise a fundamental question about the future of Nigeria democracy: are the courts merely responding to the dysfunction within opposition parties, or are judicial interventions, alongside the political interests of the ruling party, contributing to an increasingly difficult environment for opposition politics?

As the 2027 general elections approach, the answer may have profound implications not just for Atiku Abubakar, Peter Obi and other opposition figures, but for the ability of Nigerians to exercise meaningful political choice in a competitive multiparty democracy.

Moshood Isah is a development communications specialist and good governance advocate with over 10 years of experience developing and implementing strategic communications for development interventions. He is also a social commentator and prolific writer whose published articles explore issues around elections, youth development, gender inclusion, and public health.

By Moshood Isah

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