Legal Memo Warns ADC State Chairmen Against Planned NEC Meeting

Abuja — A fresh legal advisory has cautioned state chairmen of the African Democratic Congress (ADC) against proceeding with a proposed National Executive Committee (NEC) meeting scheduled for April 7, 2026, warning that such a move could deepen the party’s ongoing leadership crisis and trigger further legal complications.
The memorandum, dated April 6, 2026, and addressed to the 36 state chairmen and the FCT chairman, outlines significant legal risks associated with plans to convene a NEC meeting largely composed of state chairmen to appoint an interim or caretaker national leadership.
According to the independent legal advisor who authored the memo, the proposed arrangement lacks constitutional backing under the ADC Constitution (2022), which defines the NEC as a broader body that includes members of the National Working Committee (NWC) and other officials—not state chairmen alone.
The advisory comes amid heightened tensions within the party following actions by the Independent National Electoral Commission (INEC), which recently removed the names of David Mark and Rauf Aregbesola from its records in compliance with a March 2026 Court of Appeal order directing all parties to maintain the status quo ante bellum pending resolution of the dispute at the Federal High Court.
INEC has also declared a position of neutrality, stating it will not recognise any faction within the ADC or process communications from rival groups until the substantive case is determined.
The memo further warns that the planned NEC meeting may violate Section 82 of the Electoral Act 2022, which mandates a minimum 21-day notice to INEC before any meeting intended to make key leadership decisions. Failure to comply, it notes, renders such actions invalid.
Additionally, the legal advisor cautioned that appointing a new national leadership under the current circumstances could be interpreted as a breach of the Court of Appeal’s preservatory orders, potentially exposing participants to contempt proceedings and fresh litigation.
“The proposed action is legally precarious and unlikely to produce a recognised or sustainable leadership structure,” the memo stated, noting that any outcome from the meeting would likely remain unrecognised by INEC and subject to judicial nullification.
To avoid further complications, the memo recommended that the planned meeting be downgraded to a consultative forum rather than a decision-making body. It also advised party leaders to comply strictly with statutory notice requirements, pursue expedited resolution of the ongoing court case, and explore internal mediation among rival factions.
The advisory reflects the deepening uncertainty within the ADC, as competing interests within the party continue to clash over leadership legitimacy and procedural compliance ahead of future electoral cycles.