A detailed legal memorandum has raised concerns over the constitutional and statutory validity of the current caretaker leadership structure within the African Democratic Congress (ADC), led by former Senate President David Mark, amid ongoing internal disputes and litigation.
The memo, addressed to the ADC Caretaker National Chairman, reviewed the party’s 2022 constitution, provisions of the Electoral Act 2022, directives from the Independent National Electoral Commission (INEC), and pending court cases as of April 2026.
It noted that the caretaker committee, reportedly constituted through a National Working Committee (NWC) resolution in July 2025 and later ratified by the National Executive Committee (NEC), derives its authority from contested constitutional interpretations, particularly provisions relating to interim powers and ratification processes.
However, the advisory highlighted tensions between these provisions and core constitutional articles that establish the NEC as the supreme governing body of the party, as well as rules governing vacancies in party offices. It also noted the absence of explicit constitutional provisions for a caretaker structure with full executive powers.
The memo further pointed to alleged non-compliance with Section 82 of the Electoral Act 2022, which requires political parties to give the electoral commission at least 21 days’ notice before meetings that affect leadership decisions. It referenced an INEC internal assessment which reportedly flagged procedural irregularities in the process that led to the caretaker arrangement.
On the judicial front, the document stated that while appellate courts have ordered the maintenance of the status quo in the ongoing dispute, no final judgment has been delivered on the substantive matter. It added that INEC has since suspended recognition of all competing factions pending resolution by the Federal High Court.
According to the analysis, the current leadership structure remains “legally precarious,” noting that although it has not been formally invalidated by a court, it lacks clear and undisputed recognition under both party rules and electoral law.
The memo warned that continued operations without clear legal backing could expose the party to the nullification of congresses, primaries, and candidate nominations, particularly ahead of the 2027 general elections.
It recommended urgent judicial clarification, strict compliance with electoral notice requirements, suspension of leadership-related conventions, and possible constitutional amendments to clearly define caretaker mechanisms in future party disputes.
The development underscores ongoing tensions within the ADC as rival factions continue to contest control of the party’s leadership structure.
