ADC Flags Constitutional Concerns Over Nigeria–US MoU, Cites Sovereignty and Discrimination Risks

Published on 19 January 2026 at 09:59

Reported by: Oahimire Omone Precious | Edited by: Gabriel Osa

The African Democratic Congress (ADC) has expressed alarm over a recently signed Memorandum of Understanding (MoU) between Nigeria and the United States, raising questions about constitutional compliance and potential threats to national sovereignty. The party highlighted what it described as “sharp conflicting public descriptions” of the agreement issued by both governments, which it says cast doubt on the MoU’s transparency, legality, and alignment with Nigeria’s constitutional provisions.

In a statement, the ADC noted that official commentary from the United States appears to frame certain provisions in identity-based terms. The party argued that such framing may contravene Nigeria’s constitution, particularly sections that guarantee equality, prohibit discrimination, and protect citizens’ rights regardless of ethnicity, religion, or other identity markers. According to the ADC, introducing identity-specific clauses in an international agreement could inadvertently create legal and social contradictions under domestic law.

Another area of concern raised by the ADC is the MoU’s discretionary termination powers, which the party claims could subordinate Nigeria’s strategic interests to unilateral U.S. decisions. The ADC warned that allowing a foreign partner the ability to unilaterally suspend or terminate aspects of the agreement raises serious questions about the sovereignty and independence of Nigeria in its bilateral relations. The party stressed that any agreement compromising the country’s autonomy could have lasting implications for governance, national security, and foreign policy.

The ADC also emphasized the importance of full transparency and parliamentary oversight in reviewing international agreements. While memoranda of understanding do not always carry the force of formal treaties, the party maintains that any arrangement that affects constitutional rights or national prerogatives must be thoroughly vetted by elected representatives and the public to prevent abuse or unintended consequences.

According to party officials, the discrepancies in public statements from both Nigeria and the U.S. about the scope and intent of the MoU have contributed to public confusion and suspicion. The ADC urged the Nigerian government to clarify the agreement’s provisions, including any clauses that touch on national security, foreign cooperation, and identity-based criteria, and to ensure that these provisions are fully compliant with the country’s laws.

The party further called on citizens, civil society groups, and lawmakers to actively engage in dialogue regarding the MoU, emphasizing that international partnerships must align with national interests, constitutional protections, and public accountability. In the ADC’s view, neglecting these principles could set a precedent for agreements that compromise legal integrity or grant disproportionate influence to foreign actors.

While Nigeria and the United States have maintained that the MoU aims to strengthen collaboration in areas such as trade, security, and technical cooperation, the ADC insists that such partnerships must not undermine constitutional protections or the country’s ability to exercise discretion in its foreign policy. The party warned that overlooking these issues could invite legal challenges or create domestic tensions over the limits of executive authority in signing international agreements.

The ADC’s intervention reflects broader concerns in Nigerian politics regarding the negotiation and ratification of international agreements. Analysts note that ensuring alignment with constitutional principles and maintaining sovereignty is a recurring challenge, particularly when dealing with powerful foreign partners whose strategic priorities may not fully coincide with Nigeria’s.

In conclusion, the African Democratic Congress has urged the Nigerian government to revisit the MoU with the United States, ensure compliance with the constitution, clarify ambiguous clauses, and engage stakeholders in a transparent discussion. The party framed this as not only a matter of legality but also of national integrity, sovereignty, and citizen trust in Nigeria’s foreign relations.

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