Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
A constitutional lawyer, Aloy Ejimakor, has declared that a recent Court of Appeal judgment has thrown the African Democratic Congress's primaries and candidate selection process into significant legal uncertainty, potentially jeopardising the presidential ticket of former Vice President Atiku Abubakar for the 2027 elections. In a detailed analysis of the ruling, Ejimakor stated that the court effectively declared the ADC's national convention a "nullity," which casts doubt on the legitimacy of all candidates nominated through that process, including Atiku Abubakar, the party's presidential standard-bearer.
Ejimakor's analysis points to a split ruling by the appellate court that delivered a major blow to the ADC's national leadership. The lawyer explained that the judgment barred the Independent National Electoral Commission from recognising any congresses conducted under the party's national caretaker leadership, led by Senator David Mark. This means INEC is now legally barred from recognising or participating in any activities of the David Mark-led caretaker leadership. Consequently, Ejimakor predicts that the electoral commission will now primarily deal with the recognised state chapters, bypassing the disputed national leadership.
The ruling also delivered a strong affirmation of the powers of the ADC's state chapters. Ejimakor noted that the court confirmed that under the party's constitution, the power to organise state congresses lies exclusively with the elected State Executive Committees, not the national caretaker body. The court further held that elected state chairmen are entitled to complete their four-year tenure, protecting their positions from being cut short by the national leadership dispute. This means that for state-level activities, INEC will deal directly with the recognised state chapters.
Summing up the implications, Ejimakor said the Appeal Court reaffirmed the constitutional powers of the ADC's state chapters, creating a pathway for primaries that might be recognised by INEC. However, he cautioned that this comes at the cost of invalidating the national leadership's authority and casting significant doubt on the entire national-level nomination process. This, he argues, creates legal uncertainty for candidates like Atiku Abubakar.
The ADC has maintained that its 2027 presidential ticket remains unaffected and that the judgment has no effect on the party's primaries. In a statement, Atiku dismissed claims that the court had nullified the party's presidential ticket, describing such reports as political propaganda. The party also noted that the names of its presidential candidate and running mate had already been successfully uploaded to INEC. A separate lawsuit filed by former Rivers State Governor Rotimi Amaechi challenging Atiku's victory in the ADC presidential primary was recently withdrawn and struck out by a Federal High Court.
Despite the ADC's assurances, the legal uncertainty surrounding the party's national leadership and the validity of its primaries is likely to be a major challenge for the opposition coalition as it prepares for the 2027 general elections. The judgment has already been described as a major blow to the ADC's presidential ambitions. The party has indicated it will challenge the judgment at the Supreme Court.
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