ADC CONVENTION: INEC LACKS POWER TO DECIDE LEADERSHIP – LEGAL EXPERT, PARTY STAKEHOLDERS

A legal practitioner, Nura Ahmad Muhammad, has asserted that the Independent National Electoral Commission (INEC) does not possess the constitutional authority to determine the leadership of the African Democratic Congress (ADC), noting that internal party disputes are strictly matters for judicial resolution.
In an interview with DAILY POST, Muhammad described the current leadership crisis within the ADC as a typical occurrence in political parties. He explained that such disputes are usually addressed through party constitutions, but conflicting interpretations often prolong the process and lead to litigation.
“Crises like this are not unusual in political parties. While party constitutions are meant to guide resolution, differences in interpretation often complicate matters, making court intervention necessary for clarity,” he said.
He further stressed that since the matter is already before the court, all parties involved must maintain the status quo until a final ruling is delivered.
“Now that the issue is in court, all parties must preserve the status quo. No faction should claim leadership until the court gives its judgment. INEC has no power to determine party leadership; it can only act in accordance with the court’s decision,” he added.
A legal practitioner, Nura Ahmad Muhammad, has maintained that the Independent National Electoral Commission (INEC) lacks the constitutional authority to determine the leadership of the African Democratic Congress (ADC), stressing that internal party disputes are matters strictly reserved for judicial resolution.
Speaking with DAILY POST, Muhammad described the ongoing leadership crisis within the ADC as a familiar occurrence in political organisations. He explained that such disputes are typically addressed through party constitutions, but conflicting interpretations often prolong the process and lead to legal battles.
“Crises like this are not new in political parties. While constitutions are meant to guide resolution, differing interpretations often make it difficult, which is why such issues end up in court for proper clarification,” he said.
He added that since the matter is already before a competent court, all factions must maintain the status quo until a final judgment is delivered.
“Now that the case is in court, all parties must preserve the status quo. No one should claim leadership until the court gives its ruling. INEC does not have the authority to decide who leads a political party; it can only act in line with the court’s decision,” he stated.
Muhammad further cited relevant legal provisions, including Section 223(1) of the Constitution and Section 83(1) of the Electoral Act, noting that INEC’s role is limited to oversight rather than вмешательство in internal party leadership disputes.
The crisis has seen rival factions loyal to David Mark and Nafiu Bala both laying claim to the party’s leadership, prompting legal action to resolve the impasse.
Meanwhile, former Labour Party presidential candidate and ADC chieftain, Peter Obi, had earlier faulted INEC’s handling of the situation, particularly its decision to withdraw recognition from the faction led by Mark.
“Somebody is pushing this,” Obi said during an interview on Arise TV, hinting at possible external interference in the commission’s actions.
At the grassroots level, dissatisfaction continues to grow among party members. An ADC member in Kano, Comrade Kabir Sani Mai Kwanuka, accused some party leaders of working with the ruling party to weaken the ADC.
“It is only when the wall cracks that the lizard finds a place to enter. We created the opening ourselves. If this continues, the party has no future,” he said.
He also expressed confidence in Nigeria’s democratic resilience, citing past political developments.
“In 2007, former President Olusegun Obasanjo attempted to extend his tenure but failed. In 2015, Goodluck Jonathan lost as an incumbent and accepted defeat. No one can suppress democracy in Nigeria; it is bigger than any individual,” he added.
Efforts to get fresh comments from the Bala-led faction were unsuccessful, although Bala has consistently insisted in previous media engagements that he remains the legitimate leader of the party.
The crisis persists as the faction loyal to Mark went ahead with its national convention on Tuesday, despite uncertainty over its recognition by INEC.
During the convention, the party criticised INEC and the Federal Government, accusing them of attempting to stifle opposition politics.
Speaking to DAILY POST, Muhammad described the leadership tussle within the ADC as a familiar occurrence in political organisations, noting that such disputes are usually resolved through party constitutions, though differing interpretations often prolong the process and lead to legal battles.
“This kind of crisis within political parties is not new. When disputes arise, parties typically rely on their constitution for resolution, but conflicting interpretations often complicate matters, forcing such issues into the courts for proper clarification,” he said.
He stressed that with the matter already before the court, all factions must maintain the status quo pending a final judgment.
“Now that the case is in court, all parties must preserve the status quo. No one should lay claim to leadership until a final ruling is delivered. INEC does not have the authority to determine party leadership; it can only act in accordance with the court’s decision,” he added.
Muhammad also cited constitutional provisions, including Section 223(1) and Section 83(1) of the Electoral Act, emphasising that INEC’s role is limited to oversight rather than вмешательство in internal party affairs.
The crisis has seen rival factions loyal to David Mark and Nafiu Bala both laying claim to the party’s leadership, prompting legal action to resolve the dispute.
Meanwhile, former Labour Party presidential candidate and ADC chieftain, Peter Obi, had earlier criticised INEC’s handling of the situation, particularly its decision to withdraw recognition from the Mark-led faction.
“Somebody is pushing this,” Obi said during an interview on Arise TV, hinting at possible external interference.
At the grassroots level, discontent continues to grow among party members. An ADC member in Kano, Comrade Kabir Sani Mai Kwanuka, accused some party leaders of collaborating with the ruling party to weaken the ADC.
“It is only when the wall cracks that the lizard finds a place to enter. We created the opening ourselves. If this continues, the party has no future,” he said.
He also highlighted the resilience of Nigeria’s democracy, citing past political transitions.
“In 2007, former President Olusegun Obasanjo attempted to extend his tenure but failed. In 2015, Goodluck Jonathan lost as an incumbent and accepted the outcome. No one can suppress democracy in Nigeria; it is bigger than any individual,” he added.
Efforts to obtain fresh comments from the Bala-led faction were unsuccessful, although Bala has consistently maintained in previous engagements that he remains the legitimate leader of the party.
ADC holds convention amid controversy
The crisis persisted as the faction loyal to David Mark went ahead with its national convention on Tuesday despite uncertainty over its recognition by INEC.
During the convention, the party criticised INEC and the Federal Government, accusing them of attempting to stifle opposition politics.
Speaking at the event, the party’s National Secretary, Rauf Aregbesola, insisted that the legitimacy of the convention could not be questioned, dismissing claims that the exercise was flawed or illegal.
According to him, the convention was conducted in the presence of party leaders who raised no objections.
He added that the approval of committees proposed by the outgoing National Working Committee (NWC), the swearing-in of the caretaker committee, and the inauguration of new executives were all duly administered by competent authorities.
Aregbesola further explained that resolutions from an earlier National Executive Committee (NEC) meeting, including the dissolution of the former leadership, were formally communicated to INEC and acknowledged by the commission.
“The report of that NEC meeting was submitted to INEC by Chief Ralph Okey Nwosu and Alhaji Baba Abdullahi. It was on this basis that INEC recognised the new leadership and uploaded the principal officers on its electronic portal,” he said.
Maintaining that due process was followed in dissolving the former NWC, Aregbesola declared that its members no longer had any valid claim to office.
“No member of the former NWC has any right or claim to any office thereafter. A dead horse cannot rise again,” he said.
He also criticised INEC for failing to attend the convention, describing it as an abdication of responsibility and a breach of the law.
“INEC’s refusal to monitor our convention amounts to dereliction of duty and suggests a dangerously partisan stance aimed at delegitimising the lawful actions of our party,” he added.
He further alleged that the commission’s actions could be part of a broader effort to weaken the ADC and give undue advantage to the APC.
ADC won’t bow – David Mark
Former Senate President and National Chairman of the ADC, David Mark, declared that the party would not succumb to any form of political pressure or autocracy.
“In an ever-shrinking democratic space, the ADC will not bow, we will not cower, and we will not retreat,” he said.
He described the ongoing crisis as part of a larger struggle to safeguard Nigeria’s democracy, urging politicians across party lines to unite in its defence.
“This generation is demanding accountability, and we are emerging as a credible alternative because our vision aligns with their aspirations,” he added.
We are heading to disaster – Peter Obi
Peter Obi warned that Nigeria is on a dangerous trajectory under the current administration, citing insecurity and economic challenges.
Referencing global terrorism rankings, he noted that Nigeria has worsened in position, moving from eighth to fourth, which he described as alarming.
“If this trajectory continues, Nigeria could soon rank among the worst-affected countries,” he said.
On the economy, Obi expressed concern over rising debt levels.
“We have accumulated huge debts and continue to borrow. We are heading towards disaster. These figures clearly show that the country is drifting,” he stated.
He called for urgent sacrifices to secure the nation’s future.
“We must act now for the sake of our children. If we fail to act, the consequences will come back to haunt us and future generations,” he warned.
