*ADDENDUM MEMORANDUM*
To: All Members of the National Executive Committee (NEC), State Chairmen, and All ADC Members Nationwide
From: Independent Legal Advisor
Date: 9 April 2026
Subject: *Clear Procedure the Party Must Follow if the National Chairman Resigns – References to the ADC Constitution and the Electoral Act 2022*
Dear ADC Leaders and Members,
If the National Chairman of the African Democratic Congress (ADC) resigns (or any national office becomes vacant for any reason), the party must follow a strict, lawful process. Shortcuts, rushed meetings, or actions without proper notice have already caused the current crisis. Repeating them will only make things worse and could invalidate everything done.
Here is the correct step-by-step procedure based on the ADC Constitution (2022) and the Electoral Act 2022.
*Immediate Effect of Resignation*
Once the National Chairman submits a formal letter of resignation (and it is accepted or becomes effective), a vacancy is created in that office.
ADC Constitution Reference:
• Article 17.4 (Tenure of Office) states: “Should a vacancy occur in any of the Party offices, the appropriate Executive Committee shall appoint a substitute from the zone where the former office holder comes from pending the conduct of election at the next Congress or Convention.”
This applies to the National Chairman. The substitute must come from the same geo-political zone as the resigned Chairman (for example, if the Chairman was from the Southeast, the replacement must also be from the Southeast). This is a temporary measure only – it lasts until a proper election at the next National Convention or Congress.
• The appropriate Executive Committee at the national level is the National Executive Committee (NEC) – not the National Working Committee (NWC) acting alone, and not state chairmen acting by themselves (see Article 13).
Important Note: There is no automatic succession by the Deputy National Chairman in the core provisions for the National Chairman position. Any claim of automatic takeover must be checked carefully against the full constitution; the safe and clear route is the vacancy-filling rule in Article 17.4.
*How to Fill the Vacancy Lawfully*
• The NEC must meet and appoint the substitute Chairman from the correct zone.
• Article 13 (Powers and Functions of Party Organs) gives NEC the primary responsibility for the administration of the Party and the power to handle such matters. NEC can be summoned by the Chairman (if still in office) or at the request of two-thirds (2/3) of its membership.
• The meeting must be properly convened. State chairmen and other NEC members who have not resigned can play a key role in requesting and attending this meeting if the normal leadership is incapacitated.
• Article 14 outlines the powers of officers but does not create any special caretaker or interim structure outside the normal organs. Any broad “caretaker committee” with full NEC powers must have clear constitutional backing (which is limited and was a source of dispute in 2025).
*Mandatory Compliance with the Electoral Act 2022*
Any NEC meeting called to fill the vacancy in the National Chairman position (or to elect/appoint any executive members) is a meeting “for electing members of its executive committees.”
Electoral Act 2022 – Section 82:
• Section 82(1): The party must give INEC at least 21 days’ prior written notice of the meeting, including the date, venue, and purpose.
• Section 82(5): Failure to give this notice renders the entire meeting and all decisions taken there invalid.
INEC may attend and observe, but the notice requirement is compulsory. Ratification at a later meeting cannot cure the failure to give notice for the original decision.
*Practical Step:*
• Serve the 21-day notice to INEC before holding the NEC meeting to appoint the substitute Chairman.
• Submit all required documents (minutes, list of new officers, specimen signatures, etc.) immediately after the meeting.
*What the Party Should Do – Recommended Immediate Actions*
If the National Chairman resigns:
1 Accept and document the resignation formally through the appropriate organ (usually NEC or the body that elected the Chairman).
2 Non-resigned NEC members (especially State Chairmen) should immediately mobilise to reach the two-thirds (2/3) threshold and request an urgent NEC meeting under Article 13.
3 Give full 21 days’ notice to INEC for that NEC meeting, clearly stating the purpose is to fill the vacancy in the office of National Chairman per Article 17.4.
4 At the properly noticed NEC meeting:
◦ Appoint a substitute National Chairman from the same zone as the resigned Chairman.
◦ Limit the appointment to a temporary role pending the next National Convention/Congress.
5 Avoid:
◦ Allowing the NWC to unilaterally create a caretaker committee first and seek ratification later (this was flagged as problematic in the August 2025 INEC memo).
◦ Holding any meeting without 21-day INEC notice.
◦ Allowing state chairmen alone to purport to act as the full NEC and appoint national leaders.
6 Longer-term: After the vacancy is filled temporarily, fast-track a properly noticed National Convention to elect substantive officers. Also, amend the Constitution (following its amendment procedure) to include clear, detailed provisions for caretaker or interim leadership so future vacancies do not cause chaos.
*Why This Matters Urgently*
The current leadership vacuum has already paralysed the party at the national level with INEC. Another improper process will lead to more court cases, continued non-recognition by INEC, and wasted time as we approach the 2027 elections. Following Article 17.4, Article 13, and Section 82 of the Electoral Act is the only way to produce a legitimate, INEC-recognised leadership.
All members, especially NEC members and State Chairmen, should insist on this lawful path. Unity and strict adherence to our Constitution and the law will protect the party and give us the best chance to rebuild strongly.
I remain available to assist with drafting notices, resolutions, or court-related documents if needed.
Signed: Daniel Elombah, Independent Legal Advisor
cc: Party Legal Team All State Chairmen and FCT Chairman
