Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
Nigeria’s evolving electoral landscape has once again come under scrutiny following the decision of the African Democratic Congress to proceed with its national convention in Abuja without the presence of the country’s electoral umpire, the Independent National Electoral Commission. While the development has triggered political controversy and raised questions about regulatory compliance, legal interpretations of the Electoral Act 2022 suggest that the absence of the commission does not automatically invalidate the proceedings.
The convention, held on April 14, 2026, was organized by a faction of the party led by former Senate President David Mark. According to party officials, the required notices were duly served to INEC on February 27 and March 28, thereby satisfying the statutory requirement of at least 21 days’ notice before such an event. Party leaders have maintained that their actions were in full compliance with the law and accused the electoral body of failing to fulfill its constitutional role.
At the center of the controversy is the interpretation of Section 82 of the Electoral Act, which outlines the obligations of political parties and the electoral commission concerning conventions, congresses, and primaries. The provision mandates that parties must notify INEC within a specified timeframe but stops short of making the commission’s attendance compulsory. The wording of the law, which states that INEC “may” attend such events, has been widely interpreted by legal experts as granting discretionary power rather than imposing an obligation.
This distinction has become crucial in assessing the validity of the ADC convention. Legal analysts argue that once a party fulfills its notification obligation, the absence of INEC does not in itself render the proceedings null and void. Instead, the responsibility lies with the party to ensure compliance, while INEC retains the option—but not the duty—to observe.
The situation mirrors previous precedents in Nigeria’s political system. Notably, the Labour Party conducted its 2024 national convention without INEC monitors, yet the outcomes were not invalidated. Such precedents have strengthened the argument that the legality of party conventions hinges primarily on procedural compliance by the party rather than the presence of the electoral body.
Despite these legal interpretations, INEC has defended its decision to abstain from the ADC convention. The commission cited a subsisting order from the Court of Appeal directing all parties to maintain the status quo amid an ongoing leadership dispute within the ADC. According to INEC, attending the convention could have been construed as taking sides in a matter that remains before the courts.
The commission also issued a cautionary note, warning that any decisions arising from a faction that is later deemed illegitimate by the judiciary could face challenges in terms of recognition. This position underscores the limited scope of INEC’s authority, particularly in matters relating to internal party leadership, which fall squarely within the jurisdiction of the courts.
The leadership crisis within the ADC has therefore emerged as the central issue influencing the broader implications of the convention. Competing factions within the party have laid claim to legitimacy, creating uncertainty about which group ultimately holds the legal mandate to make binding decisions on behalf of the party. Until the courts deliver a definitive ruling, the outcomes of the convention may remain subject to dispute.
Prominent political figures have weighed in on the matter, further amplifying the debate. Former Vice President Atiku Abubakar publicly criticized INEC’s decision not to attend, describing it as a failure to uphold its responsibilities. His comments reflect a broader concern among some stakeholders that the electoral body’s absence could undermine confidence in internal party processes, even if such absence is legally permissible.
On the other hand, some observers have defended INEC’s stance as a cautious and legally prudent approach. By refraining from participation, the commission avoided the risk of being perceived as endorsing one faction over another, thereby preserving its neutrality in a politically sensitive situation. This perspective highlights the delicate balance INEC must maintain between oversight and impartiality.
The developments surrounding the ADC convention also bring into focus the broader challenges facing Nigeria’s democratic institutions. Internal party disputes have become a recurring feature of the political landscape, often spilling into the courts and complicating electoral processes. The absence of clear and universally accepted mechanisms for resolving such disputes continues to pose a risk to political stability and institutional credibility.
For the ADC, the immediate priority is likely to be the resolution of its leadership crisis. The decisions taken at the convention, including any ratification of leadership structures or policy directions, will ultimately depend on judicial validation. If the courts uphold the legitimacy of the David Mark-led faction, the convention’s outcomes are likely to stand. Conversely, a ruling in favor of a rival faction could render the proceedings inconsequential.
Beyond the ADC, the episode serves as a test case for the practical application of the Electoral Act 2022. It underscores the importance of precise legislative drafting and the implications of seemingly minor linguistic choices, such as the use of “may” instead of “shall.” Such distinctions can have far-reaching consequences for the conduct of political activities and the interpretation of legal obligations.
As Nigeria continues to prepare for future electoral cycles, the interplay between political parties, the electoral commission, and the judiciary will remain a critical area of focus. Ensuring clarity, consistency, and fairness in the application of electoral laws will be essential to maintaining public confidence in the democratic process.
For now, the ADC convention stands on firm legal ground in terms of procedural compliance. However, its ultimate significance will be determined not only by the letter of the law but also by the outcome of ongoing judicial proceedings and the broader political context in which it unfolded. The coming weeks are likely to provide greater clarity on these issues, shaping both the future of the ADC and the interpretation of Nigeria’s electoral framework.
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