Legal Expert: INEC Lacks Power in ADC Leadership Dispute

According to lawyer Nura Ahmad Muhammad, the Independent National Electoral Commission (INEC) does not have the constitutional power to decide who leads the African Democratic Congress (ADC). This is because disputes within political parties are still matters for the courts to settle.

Muhammad said that the ongoing fight for leadership within the ADC is something that happens all the time in political groups. He stressed that party constitutions usually settle these kinds of disputes, but different interpretations can lead to long legal battles.

“This kind of problem within political parties isn’t new. “When there are disagreements, people usually turn to their constitution to settle them, but different interpretations can make this hard. That’s why these issues end up in court for proper clarification,” he said.

He stressed that because the case is already in court, all sides must keep things as they are until a final decision is made.

“Since the case is now in court, everyone must keep things the way they are, and no one should claim to be in charge until a final decision is made. He went on to say that “INEC does not have the power to choose who leads a political party; it can only follow the court’s decision.”

Muhammad talked about parts of the constitution, like Section 223(1) and Section 83(1) of the Electoral Act. He said that INEC’s job is only to keep an eye on party leadership disputes, not to get involved.

Because of the crisis, rival groups led by David Mark and Nafiu Bala are both claiming to be in charge of the party. This has led to legal action to settle the disagreement.

Remember that Peter Obi, a former presidential candidate for the Labour Party and leader of the ADC, had earlier criticized INEC for how it handled the situation, especially its choice to stop recognizing the faction led by Mark.

Obi said in an interview on Arise TV, “Somebody is pushing this,” which suggests that outside forces may be affecting the commission’s actions.

At the local level, party members are still unhappy.

Comrade Kabir Sani Mai Kwanuka, an ADC member in Kano, said that some party leaders were working with the ruling party to make the ADC weaker.

“It’s only when the wall breaks that the lizard can get in. We made the opening ourselves. He said, “If this keeps up, the party has no future.”

He also talked about how strong Nigeria’s democracy is by talking about past changes in government.

“Former President Olusegun Obasanjo tried to stay in office longer in 2007 but failed. Goodluck Jonathan lost an election in 2015 while he was still in office and accepted the result. He added, “No one can stop democracy in Nigeria; it is bigger than any one person.”

We were unable to get any new comments from the Bala-led group. However, Bala had said in separate media appearances before that he is still the party’s legitimate leader.

ADC holds a convention in the middle of a scandal

The crisis goes on because Mark’s loyal faction held its national convention on Tuesday, even though INEC’s recognition of it is still up in the air.

During the convention, the party criticized the Federal Government and the Independent National Electoral Commission (INEC) for what it called efforts to stifle opposition politics.

Rauf Aregbesola, the party’s National Secretary, spoke at the convention and said that there is no doubt about the legality of the exercise. He also said that the idea that the exercise was flawed and illegal was not true.

He said the convention was going on in front of party leaders who didn’t say anything.

He went on to say that “The approval of the different committees proposed by the outgoing NWC to help 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.”

Aregbesola says that INEC received and agreed to the decisions made at an earlier NEC meeting, which included getting rid of the old leadership.

Chief Ralph Okey Nwosu and Alhaji Baba Abdullahi gave INEC the report from that NEC meeting. He said, “INEC accepted the new leadership and put the main officers on its electronic portal based on this.”

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.” He said that the removal of the former National Working Committee (NWC) followed due process and could not be questioned. Aregbesola said, “A dead horse can’t rise again.”

He asked why INEC wasn’t at the convention, saying it was a failure to do their job and against the law.

It is now clear that INEC has failed to do its legal duty, which is a breach of the law and an abdication of responsibility.

He went on to say, “The decision of INEC to refuse to attend and monitor our convention is a failure of duty that is dangerously partisan and aims to make our party’s otherwise legitimate actions seem illegitimate.”

“INEC can’t refuse to monitor our convention for any other good reason, unless they are trying to destroy the ADC and make it easier for the APC to win without any serious opposition.”

David Mark says ADC won’t back down.

David Mark, the former president of the Senate and national chairman of the ADC, said at the convention that the party will not submit to any kind of autocracy.

He said, “The ADC will not bow, we will not cower, and we will not retreat in a democratic space that is getting smaller and smaller.”

Mark said that the current problem, which some people are trying to cause to bring down the party, is part of a larger fight to get Nigeria’s democracy back. He called on politicians from all parties to work together to save democracy.

He said, “This generation is asking tough questions of leadership, and we are becoming a credible alternative because our vision matches their goals.”

Peter Obi says we are heading for disaster.

Mr. Peter Obi, a former candidate for the presidency from the Labour Party, says that Nigeria is on its way to disaster because of the current government.

Obi said that Nigeria has been near the bottom of the global terrorism index since the current government took power.

He said that the country has gone from eighth to fourth place in the terrorism ranking, which shows that things are getting worse and that he finds this very worrying.

He said, “If this trend continues, Nigeria could be one of the worst-hit countries in a few years.”

Obi said that the country had borrowed more money than ever before and was headed for disaster when he talked about the national debt and the economy.

“We owe a lot of money, and we’ve borrowed more. We’re going to fail.” He said, “The reason I use these short numbers is to show you that we are drifting.” He also said that the numbers show that the country is getting worse.

“We must now give up for the sake of our children.” He said, “What is happening will get back at us and our kids if we don’t do anything.”