The African Democratic Congress (ADC), under the leadership of Senator David Mark, has arranged to have its national convention on the 14th of this month. The party has duly informed the Independent National Electoral Commission (INEC), about the exercise. This is as per the directives of the commission itself requiring all parties to hold thier conventions for the purpose of electing their leaders and the process will be attended by the commission as an observer. The commission further directed that the list of leaders that emerged during the convention should be forwarded to it by the parties.
After having duly informed the commission of its upcoming convention and the commission acknowledging same, surprisingly the commission issued a press release stating that it no longer recognised David Mark and other executive officers of ADC as leaders of the party. The commission went ahead to say that it has removed their names from its portal and will no longer have any dealing with them as leaders of ADC.
And the worst part is that INEC said it does not recognise any other persons as leaders of ADC. What this means is that, as far as INEC is concerned, ADC cannot hold iits convention because it has no leaders. Likewise the party cannot submit the names of new leaders that may emerge from the convention because it cannot hold the convention. Also, ADC cannot forward the names of its contestants for the 2027 general elections because it has no leaders to do so. The ultimate end result is that ADC cannot participate in the 2027 general elections. That is the apparent end result of INEC’s action.
Nigeria like any other country in the world has its problems. Fortunately, despite our problems, Nigeria is not a jungle where anybody or any institution can do whatever it pleases and go scout free. According to INEC, it took its action in compliance with an order of the Court of Appeal, Abuja.
First of all let us take a look at what the Court of Appeals order is all about. Nafiu Bala Gombe, a former deputy national chairman of ADC, approached the Federal High Court, Abuja challenging the leadership of Senator David Mark as National Chairman of ADC. In turn, David Mark approached the Court of Appeal challenging the jurisdiction of the Federal High Court to entertain the case. In all the two cases, INEC was joined as a party to the suits.
In its judgement the Court of Appeal dismissed the appeal by David Mark, thereby upholding the jurisdiction of the Federal High Court to entertain the case. It went further to order:
1. All parties (Sen. David Mark, Nafiu Bala Gombe and INEC) are to MAINTAIN the status quo ante bellum.
2. The Federal High Court should give accelerated hearing to the case in view of the fact that election timetable has already been released and specific times have allocated for specific activities.
3. None of the parties should take any action that will make the outcome of Federal High Court ineffective.
This judgement is fair, just and equitable. In fact, the judgement is fair as any fairness can be.
Purportedly, to obey the court order, INEC announced its de-regulation of David Mark and his management team as leaders of ADC. The commission went further to say they do not recognise any other persons as ADC leaders. But, of course, this is never a status quo in the dispute. For even a lay man, to interprete parties should maintain status quo to mean creating a new situation that has never existed before will be quite surprising. But for a professor of law, as INEC chairman is, to do so, is confusing. Trying to render ADC leaderless is not right.
Ante bellum are Latin words which mean before the war and in legal terms, means before the dispute that is before the court for adjudication.
Clearly, before filling of the suit by Nafi’u Bala, David Mark was the recognised national chairman of ADC and that is why his name is on the INEC portal. So, for INEC to de-recognise him and drop his name from its portal clearly contravenes the court order that says status quo should be maintained.
Thirdly, the court order equally directed that no party in the case should take any action that may make future judgement of the case to be ineffective or dead on arrival. So, for INEC to de-recognise David Mark and not to work with or any other persons as leaders of ADC, could render any future judgement of the court ineffective. This is based on the fact that 2027 election timetable is already out and has commenced. The activities within the timetable are sequential. If a party does not take part in an activity, it cannot take part in the next one. For example, if a party does not have its convention then it cannot submit the names of its new leaders to INEC. If it does not submit the names of its leaders to INEC, then it cannot submit the names of its contestants to INEC. Without contestants, a party cannot partake in election.
However, very fortunately for all of us, Nigeria is blessed with courageous leaders who can stand up for the truth whenever the need arises.
Senator David Mark, the National Chairman of ADC is one of such leaders. In a recent press conference he chaired, Sen. David Mark, after stating ADC’s dissatisfaction and rejection of INEC’s misplaced actions, announced that ADC is going ahead with it’s National Conversation scheduled for 14th April, 2026 as planned.
This is a right step in the right direction. There is no any court order which if properly interpreted prevent ADC from having it’s convention. There is no any such order which nullifies his Chairmanship of ADC. As long as status quo ante bellum is concerned, Senator David Mark is the National Chairman of ADC.
His providing such a courageous leadership to the party at this critical moment is quite commendable. It is pertinent to mention that the apprehensions about the party’s national convention if not attended INEC can be voided is misplaced.
As stated earlier, Nigeria is not a Jungle. We have laid out rules and regulations within the context of clearly spelt out laws. So any action taken or to be taken by INEC which are contrary to subsisting court orders, are null and void and will be redressed by law. INEC will be COMPELLED to give ADC or any other entity what is it’s due
*Support Democracy and Rule of Law*
So ADC should go ahead with it’s National Conversation as announced by it’s leadership. All patriotic and progressive minded Nigerians are hereby urged to support and assist ADC in any way possible in it’s battle of defending democracy and rule of law in Nigeria.
