ADC convention: INEC lacks power to decide leadership – Legal expert, party stakeholders
A legal practitioner, Nura Ahmad Muhammad, has stated that the Independent National Electoral Commission (INEC) has no constitutional authority to determine the leadership of the African Democratic Congress (ADC), as internal disputes within political parties remain matters for judicial resolution.
Speaking to DAILY POST, Muhammad described the ongoing leadership tussle within the ADC as a common occurrence in political organisations, stressing that such conflicts are typically resolved through party constitutions, although varying interpretations often lead to prolonged legal battles.
“This kind of crisis within political parties is not new. When disputes arise, parties usually rely on their constitution for resolution, but differing interpretations often make this difficult, which is why such matters end up in court for proper clarification,” he said.
He emphasised that since the dispute is 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 maintain the status quo, and no one should lay claim to leadership until a final judgment is delivered. 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 added.
Muhammad referenced constitutional provisions, including Section 223(1) and Section 83(1) of the Electoral Act, noting that INEC’s role is limited to oversight rather than intervention in party leadership disputes.
The crisis has seen rival factions aligned with David Mark and Nafiu Bala both laying claim to the party’s leadership, prompting legal action to settle the dispute.
Recall that 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 faction led by Mark.
“Somebody is pushing this,” Obi said during an interview on Arise Tv, suggesting possible external interference in the commission’s actions.
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 further stressed the resilience of Nigeria’s democratic system, citing past political transitions.
“In 2007, former President, Olusegun Obasanjo attempted to extend his tenure but failed. In 2015, Goodluck Jonathan lost an election 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. However, Bala had earlier maintained in separate media engagements that he remains the legitimate leader of the party.
ADC holds convention amid controversy
The crisis continues as the faction loyal to Mark held its national convention on Tuesday, despite uncertainty surrounding its recognition by INEC.
The party, during the convention criticized the Independent National Electoral Commission (INEC) and the Federal Government over what it described as attempts to stifle opposition politics.
Speaking at the convention, the party’s National Secretary, Rauf Aregbesola, said the legitimacy of the exercise cannot be questioned, rejecting suggestion that the exercise was flawed and illegal.
He said the convention was holding before party leaders who raised no objection.
He went on to say that, “The approval of the various committees proposed by the outgoing NWC to support the Caretaker Committee during the transition period; the swearing-in of the Caretaker Committee; and the new executives of the party were all administered the oath of office by competent authorities at that NEC,” he said.
According to Aregbesola, the resolutions at an earlier NEC meeting, which included the dissolution of the former leadership, were communicated to INEC which the commission acknowledged and accepted.
“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.
Insisting that the removal of the former National Working Committee (NWC) followed due process and cannot not be faulted, Aregbesola said, “No member, I repeat, no member of the former NWC of the ADC therefore has any right or claim to any office thereafter. A dead horse cannot rise again,” Aregbesola said.
He questioned INEC’s absence at the convention, saying it was an abdication of responsibility and breach of the law.
“INEC’s failure to meet its lawful duty is hereby declared an abdication of responsibility and a breach of the law,.
“The decision of INEC to refuse to attend and monitor our convention amounts to dereliction of duty, bordering on a dangerously partisan outlook aimed at unlawfully delegitimising the otherwise legitimate actions of our party,” he added.
“There is no other legitimate ground that INEC can rely on to refuse monitoring our convention, except if INEC, is on a mission to destroy the ADC and pave the way for the APC to coast to victory without any serious challenge.
ADC won’t bow – David Mark
Former Senate President and national chairman of the ADC, David Mark, while speaking at the convention said the party won’t bow to any kind of autocracy.
“In an ever-shrinking democratic space, the ADC will not bow, we will not cower, and we will not retreat,” he said.
Mark said the current problem orchestrated by some persons to bring down the party was part of a bigger struggle to reclaim Nigeria’s democracy, charging politicians across all political parties to come together in order to rescue democracy.
“This generation is asking tough questions of leadership, and we are emerging as a credible alternative because our vision aligns with their aspirations,” he said.
We are heading to disaster – Peter Obi
According to former Labour Party Presidential candidate, Mr Peter Obi, Nigeria is heading to disaster under the current government.
Citing global terrorism index, Obi said Nigeria has continued to occupy almost the bottom position since the current administration assumed office.
According to him, the country has moved from eighth to fourth position in terrorism ranking, an indication of worsening insecurity which he said was alarming.
“If this trajectory continues, in a few years, Nigeria could rank among the worst-affected countries,” he said.
Speaking on national debt and the economy, Obi said the country had borrowed more than ever and heading to disaster.
“We have huge debts, and we have borrowed more, and we are heading to disaster. The reason why I use these short figures is to show you we are drifting,” he said, adding that the figures point to a country in decline.
“We must now sacrifice for the sake of our children. If we don’t do anything, what is happening will take revenge on us and our children,” he said.
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