27/04/2026
Editorial: INEC, ADC: matters arising
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In the past two weeks, NATIONAL WAVES like many concerned and worried Nigerians had witnessed a concatenation of events which in many ways have pointed in the direction the 2027 election may likely take. In all honesty, this newspaper is convinced more than anything else, that the outcome of the next year's election may not be far from the predictable outcome given the body language of the electoral umpire.
INEC, the election umpire, did the unthinkable , nay, the unimaginable as it practically banned the Africa Democratic Congress, ADC, from the contest leaving its members in the cold.
This newspaper like most discerning Nigerians views this action with much suspicion and great apprehension given that INEC's stance is based on the judgement of the court. The court pronouncement itself has been a subject of much contention regarding its legality given the stipulations of the Electoral Act.
This newspaper is aware that concerns have been raised over what many senior lawyers and retired judicial officers described as a troubling pattern of judicial interference in the internal affairs of political parties.
The growing anxiety follows a series of recent court decisions, particularly those linked to the leadership crisis within the African Democratic Congress, which critics argue appear to contradict the clear provisions of the Electoral Act 2026.
At the centre of the debate is Section 83 of the Electoral Act, which explicitly bars courts from entertaining cases relating strictly to the internal affairs of political parties.
Despite this provision, several rulings in recent months have reignited concerns about the judiciary’s role in political disputes, prompting reactions from legal stakeholders and professional bodies.
Recall that on April 1, the Independent National Electoral Commission (INEC) derecognised Mark-led faction following an interim
ruling of the court of appeal.
The decision to derecognize is widely believed to be a dangerous signal on the looming danger to our democracy which is no longer nascent given that we have been on this journey since 1999.
And yet, the INEC decisions not to recognize the leadership of David Mark is linked to the court pronouncement, that itself is widely considered to be a nullity if the provisions of the Electoral Act is anything to go by.
The Nigerian Bar Association had, in a statement recently expressed similar fear, and warned that continued judicial involvement in intra-party matters could undermine democratic principles and erode public confidence in the judiciary.
According to the NBA, the recent developments raise serious constitutional and rule-of-law concerns that require urgent attention.
“These developments, particularly those arising from the interpretation and potential application of provisions of the Electoral Act 2026, raise serious constitutional, democratic, and rule-of-law concerns that require immediate intervention,” the statement read in part.
The association further criticised what it described as the “disturbing involvement” of lawyers and courts in matters that are expressly excluded from judicial jurisdiction.
“We particularly deprecate the disturbing involvement by lawyers and courts in the internal affairs of political parties despite the clear provisions of the Electoral Act, 2026,” Osigwe stated, referencing Section 83, which stipulates that no court shall entertain suits pertaining to party internal affairs.
It was this State of affairs that forced ADC under Mark to seek Supreme Court's opinion which their appeal signifies. As it's the fate of the party and by extension, the opposition hangs in the balance since the electoral act makes it mandatory for parties to submit their membership register latest by May 10.
This newspaper is worried by the development and fears for democracy as the country slides gradually into contrived one party state.
But it's not too late in the day for INEC to respect the Electoral Act and allow the parties to sort themselves out.
Then there's a need for the federal government to come clean on all of this and allow for free blossom of multi party democracy.
This is the way to go . Anything short of this will implies as if the electoral umpire is taking side in a democracy, and that itself is a bad signal, and we can not afford to go downhill again. Nigeria can not afford to lose the hard won democracy simply because politicians are not ready to play by the rules. We must all stand to defend it.
