An independent legal advisory memorandum has outlined the constitutional and legal procedures the African Democratic Congress (ADC) must follow in the event of a vacancy in the office of its National Chairman, amid ongoing leadership disputes within the party.
The memo, addressed to members of the party’s National Executive Committee (NEC), state chairmen, and stakeholders, emphasized that any resignation of the National Chairman must trigger a strict and lawful process guided by the ADC Constitution (2022) and the Electoral Act 2022.
According to the advisory, once a resignation becomes effective, a vacancy is created and must be temporarily filled by the NEC, which is the party’s highest administrative body. It clarified that the replacement must come from the same geopolitical zone as the outgoing chairman and would serve in an interim capacity pending a formal election at the next national convention.
The document warned against unilateral actions by smaller party organs, including the National Working Committee (NWC), stressing that only the NEC has the authority to appoint a substitute in such circumstances.
It further highlighted the legal requirement under Nigeria’s Electoral Act 2022, which mandates that the Independent National Electoral Commission (INEC) must be given at least 21 days’ notice before any meeting convened to appoint or elect party executives. Failure to comply, the memo warned, could render all decisions taken at such meetings invalid.
The advisory also recommended immediate steps for party leaders, including formally documenting any resignation, convening a properly notified NEC meeting, and avoiding the creation of unauthorized caretaker committees—actions it said have contributed to the current crisis.
Observers say the memorandum reflects growing concerns over internal disputes within the ADC, which have led to legal battles and uncertainty over party leadership. The situation is seen as potentially affecting the party’s preparations for the 2027 general elections, particularly if compliance with constitutional and legal procedures is not strictly followed.
The memo concluded by urging party members to prioritize unity and adherence to due process in order to restore stability and ensure recognition by INEC.
