MEMORANDUM To: Members of the National Executive Committee (NEC) African Democratic Congress (ADC)
From: Independent Legal Advisor
Date: 6 April 2026
Subject: *Correct Legal Status of the Caretaker Committee Leadership, INEC Non-Recognition, and Recommended Way Forward*
Purpose
This memorandum provides an objective assessment of the current legal position of the David Mark-led Caretaker Committee following the July 2025 processes, INEC’s August 2025 memo, the Court of Appeal ruling of March 2026, and INEC’s recent administrative actions. It is intended to guide NEC deliberations on compliance with the ADC Constitution (2022), the Electoral Act 2022, and ongoing litigation.
Key Background Facts
• The Caretaker Committee (Senator David Mark as National Chairman, Ogbeni Rauf Aregbesola as National Secretary, and others) was constituted via National Working Committee (NWC) resolution around early July 2025 and ratified at the 99th NEC meeting on 29 July 2025.
• The party’s submissions to INEC relied primarily on Articles 19(12)(vii) and 19(14)(N, O, P & S) of the 2022 Constitution for the NWC’s interim role and the Caretaker Committee’s exercise of NEC powers pending ratification or the next National Convention.
• INEC’s internal memo dated 6 August 2025 (signed by Deputy Director Joan Arabs, Election Party Monitoring Committee) highlighted procedural defects.
• A rival faction led by Hon. Nafiu Bala Gombe instituted suit No. FHC/ABJ/CS/… at the Federal High Court, Abuja (filed September 2025).
• On 12 March 2026, the Court of Appeal (in Appeal No. CA/ABJ/145/2026) dismissed the Mark-led faction’s interlocutory appeal and issued preservatory orders directing all parties to maintain the status quo ante bellum (the position existing before 2 September 2025).
• In early April 2026, INEC removed the names of Senator David Mark and Ogbeni Rauf Aregbesola (and associated NWC members) from its official portal and suspended recognition of all contending factions, including the Gombe faction. INEC will not monitor any congresses, conventions, or accept correspondence from either side pending final determination of the substantive suit.
Legal Analysis
1. Position under the ADC Constitution (2022)
• Articles 13 and 14: Article 13 establishes the hierarchy of party organs. The National Executive Committee (NEC) holds primary responsibility for the overall administration of the Party. The National Working Committee (NWC) is limited to day-to-day administration and performs only functions expressly assigned by NEC. Article 14 details powers of specific officers but contains no provision for a national caretaker or interim executive structure with full NEC powers.
• Article 16 (Registration): This article is confined to the maintenance of a membership register at Ward Secretariats. It has no bearing on leadership appointments, caretaker mechanisms, or ratification processes.
• Article 17 (Tenure of Office): Clause 4 allows the appropriate Executive Committee to fill an individual vacancy by appointing a substitute from the same zone, pending the next Congress or Convention. It does not expressly authorise mass resignations followed by NWC-initiated creation of an entirely new caretaker body exercising broad NEC powers.
• Article 19: This article (focused on nomination of candidates for public office) contains the sub-clauses relied upon by the party. These appear to contemplate NWC performance of certain functions pending NEC ratification and limited interim arrangements. However, they sit in tension with the clearer organisational hierarchy in Articles 13 and 14.
Correct constitutional position:
The July 2025 process has a colourable (arguable) internal interpretation based on Article 19’s ratification language and the context of coalition restructuring and reported resignations. However, it lacks explicit, unambiguous support in the core provisions governing party organs (Articles 13, 14 and 17). Nigerian courts generally accord parties reasonable latitude in interpreting their own constitution on internal matters, but interpretations must not conflict with the Electoral Act.
1. Position under the Electoral Act 2022
Section 82(1) requires every political party to give INEC at least 21 days’ notice of any convention, congress, conference or meeting for electing executive committees or related leadership decisions. Section 82(5) provides that failure to comply renders the exercise invalid.
INEC’s August 2025 memo correctly observed that notice was provided only for the 29 July 2025 NEC meeting (which ratified prior NWC decisions), not for the earlier NWC meeting that actually constituted the Caretaker Committee. This constitutes a fundamental procedural defect. Ratification cannot retroactively cure the absence of prior statutory notice. INEC’s conclusion that the formation is invalid ab initio is consistent with the plain wording of the Act.
1. Current Judicial and Administrative Status
• The Court of Appeal has not determined the substantive validity of the Caretaker Committee; it issued only preservatory orders to maintain the status quo ante bellum and prevent any side from foisting a fait accompli on the trial court.
• INEC is applying the order by reverting to the pre-2 September 2025 position on its records and maintaining strict neutrality. It will not recognise any faction or monitor party activities until the Federal High Court delivers judgment on the main suit.
• As of 6 April 2026, the party operates in a leadership and administrative vacuum for purposes of INEC dealings. Any congresses or conventions convened without fresh, compliant 21-day notice and court clearance risk being declared null and void.
Correct Overall Legal Position
*The appointment and operations of the David Mark-led Caretaker Committee do not enjoy clear, unassailable validity.* While there is a defensible internal-party argument under Article 19, the process is vulnerable on two fronts: (a) interpretive tension with Articles 13, 14 and 17.4 of the ADC Constitution, and (b) clear non-compliance with the mandatory notice requirements of Section 82 of the Electoral Act.
INEC’s current non-recognition is a direct and lawful consequence of the Court of Appeal’s preservatory orders. The substantive issues remain pending before the Federal High Court; no final declaration of invalidity has been made, but the practical effect is that the leadership structure is administratively suspended for official purposes.
Risks of Non-Compliance
• Any decisions, congresses, or candidate nominations taken under the current arrangement may be challenged and set aside.
• Continued defiance of INEC’s position could expose the party to further legal sanctions, loss of public perception, and prejudice to the substantive suit.
• A prolonged vacuum weakens the party’s ability to prepare for 2027 and invites external interference.
Recommendations to NEC
1 Immediate: Direct the party’s legal team to file necessary processes at the Federal High Court to expedite hearing of the substantive suit and seek appropriate clarification or variation of the status quo orders.
2 Short-term: Suspend all planned congresses and conventions until fresh 21-day notices are served on INEC and court clearance is obtained. Instruct state chapters accordingly.
3 Medium-term: Convene a properly constituted and noticed NEC meeting (or National Convention) to review the leadership structure and place it on a firmer constitutional and statutory footing.
4 Longer-term: Initiate a formal amendment process under Article 23 to expressly incorporate provisions for caretaker or interim national leadership mechanisms, thereby eliminating current interpretive gaps.
5 Political: Authorise discreet internal mediation efforts with the rival faction to explore amicable resolution, preserving party unity ahead of 2027.
This assessment is based on the ADC Constitution (2022), the Electoral Act 2022, INEC’s 6 August 2025 memo, and publicly available court and INEC statements as at 6 April 2026. It does not constitute formal legal representation. I am available for a full briefing or to assist in drafting court processes or amended constitutional provisions.
Signed Independent Legal Advisor
cc: National Chairman (Caretaker), ADC National Secretary (Caretaker), ADC Party Legal Team
