LEGAL practitioners have criticised the Independent National Electoral Commission (INEC) over its handling of the leadership crisis within the African Democratic Congress (ADC).

They warned that the commission’s actions could undermine Nigeria’s democratic process ahead of the 2027 general elections.

The reactions followed INEC’s decision to remove the names of the party’s leadership, led by former Senate President David Mark, from its official portal.

The commission said the action was based on a Court of Appeal order directing parties to maintain the status quo ante bellum in the party’s leadership crisis.

Reacting to the this, the party rejected the INEC interpretation of the Court of Appeal ruling on the party’s leadership dispute.

The party described the interpretation as inconsistent, saying that the decision was shaped by outside influence.

A statement by its National Spokesperson, Bolaji Abdullahi, said “We reject INEC’s interpretation of the Court of Appeal ruling.

“We knew that INEC was being pressured by a government that has become jittery from the ADC’s rising momentum even in the face of its relentless assault on all opposition parties.”

Several lawyers, however, argued that INEC might have misinterpreted the court’s directive.

Ekemini Udim, in a Facebook post, said his review of the appellate court judgment showed that it did not support INEC’s decision.

He described the commission as “a serious threat to democracy,” insisting that the status quo before litigation was the emergence of Mark and other new leaders.

According to him, reversing that position contradicts the court’s intent and raises concerns about INEC’s role in shaping the political landscape ahead of 2027.

Human rights lawyer Inebehe Effiong also questioned the development, suggesting there were signs of “a well-orchestrated sinister conspiracy” to weaken opposition politics.

Effiong noted that the ADC’s entire executive had reportedly resigned to pave the way for a new leadership, including Mark as National Chairman and former Osun State governor Rauf Aregbesola as National Secretary.

Effiong pointed out that the party’s National Executive Committee (NEC) had already ratified the new leadership.

“The Court of Appeal said the parties should maintain status quo ante bellum. This means the state of affairs before the suit before the Federal High Court was filed by the claimant. Before the suit, who was the chairman of the party? Was it not David Mark? Is this INEC saying that the order of the Court of Appeal implies that there should be leadership vacuum in the ADC until the case is determined by the Federal High Court? Whose script is this INEC playing?” he asked.

Similarly, legal practitioner Festus Ogun, in a series of posts on X, criticised both the courts and INEC, describing the situation as unconstitutional.

He argued that disputes over party leadership fall outside the jurisdiction of Nigerian courts, citing provisions of the Electoral Act which, he said, bar judicial interference in internal party affairs.

According to him, the use of interim or preservatory orders in such matters amounts to an abuse of court process and risks shrinking Nigeria’s political space.

He further questioned how a “status quo” order could justify the removal of names that had been submitted before the suit was filed.

Adding to the debate, another lawyer on social media, with the handle Tunde Adejumo9, argued that INEC’s actions went beyond what the Court of Appeal intended.

He explained that the doctrine generally referred to maintaining the state of affairs before the dispute began, not altering it.

In the ADC case, he said, removing the names of the current National Working Committee members effectively prejudged issues still pending before the Federal High Court, including an application for interlocutory injunction filed by Nafiu Gombe.

Adejumo maintained that INEC, in complying with the court order, ought to have preserved the existing leadership structure on its portal rather than taking steps that could influence the outcome of the case.

“INEC, in compliance with the Court of Appeal’s order of status quo ante bellum, should have simply maintained the existing state of affairs, leaving all names on its portal intact and refraining from any actions that might affect the merits of the pending suit or motion for interlocutory injunction.

“Any order for removal of names is properly within the purview of the trial court, should it grant the motion for interlocutory injunction or the reliefs sought in the substantive suit. It is not for INEC to take such a step independently,” he wrote.

The ICIR reports that the ADC has been widely seen as the only major opposition to challenge the ruling All Progressives Congress (APC) which produced President Bola Tinubu in 2023.

Tinubu is currently gearing up to seek re-election, and many Nigerians believe the ADC is the only viable opposition to the APC, given that 32 of Nigeria’s 36 governors are currently in the APC.

Despite the influx of the Nigeria governors into the APC, prominent politicians, including former vice president Atiku Abubakar, former Labour Party presidential candidate, Peter Obi, former secretary to the government of the federation, Babachir Lawal, former Governor Nasir El-Rufai, former Kano State governor Rabiu Kwankwanso, former minister of justice and attorney-general of the federation, Abubakar Malami, and former minister of transportation, Rotimi Amaechi are among the leading figures in the ADC.

Meanwhile, there are concerns that the ADC may not participate in the 2027 polls should the case in court lingers and INEC refuses to change its position on not recognising any of the party’s leaders.

According to the INEC timetable, political parties are to conduct their primaries between April 23 and May 30, 2026.

The ADC’s failure to resolve its leadership crisis will mean that the APC goes to the poll without a major challenge, as the People’s Democratic Party (PDP), once branded as Africa’s largest political party, has seen its membership depleted by mass defections and currently faces similar leadership crisis.

Mustapha USMAN

Mustapha Usman is an investigative journalist with the International Centre for Investigative Reporting. You can easily reach him via: musman@icirnigeria.com. He tweets @UsmanMustapha_M