INEC, ADC Crisis, and the David Mark Faction

By Okoi Obono-Obla

The Background

The Independent National Electoral Commission (INEC) recently enforced a ruling of the Court of Appeal directing the factions of the African Democratic Congress (ADC)—one led by Nafiu Bala Gombe and the other by Senator David Mark—to maintain the status quo ante bellum. In line with this, INEC announced that it would not recognize either faction nor monitor any congress or convention convened by them.

Despite this, the David Mark’s faction via its Spokesperson,Bolaji Abdullahi has declared its intention to proceed with its own convention. This decision raises critical questions about legality, legitimacy, and political strategy.

The Legal Framework:

Section 83 of the Electoral Act 2026 stipulates that INEC must monitor conventions or congresses convened by political parties. The monitoring role is not optional—it is a statutory requirement designed to ensure transparency, fairness, and compliance with electoral laws.

By choosing to go ahead without INEC’s monitoring, the David Mark faction risks holding a convention that may be deemed invalid. Any leadership decisions or candidate nominations arising from such a gathering could be challenged in court and potentially nullified.

Political Implications

Credibility Crisis: A convention without INEC’s oversight undermines the credibility of the faction’s process. Even if successful internally, the outcomes may lack external legitimacy.

Deepening Division: The ADC is already fractured. Defying INEC’s directive could worsen the crisis, making reconciliation between factions more difficult.

Strategic Misstep: Politically, the faction may gain short-term momentum, but in the long run, it risks exclusion from the electoral process if INEC refuses to recognize its decisions.

The Way Forward

Instead of unilateral action, the David Mark faction could pursue:

Legal Remedies: Seeking judicial clarification on INEC’s obligations under Section 83.

Dialogue with INEC: Engaging the commission to negotiate monitoring arrangements that comply with the law.

Internal Reconciliation: Working toward unity within the ADC to present a single, recognized leadership structure.

Conclusion:
The insistence of the David Mark faction to proceed with its convention without INEC’s monitoring is a legally precarious and politically risky move. While it may project strength and determination, it undermines the very legitimacy the faction seeks to establish. In the delicate balance between law and politics, compliance with the Electoral Act and engagement with INEC remains the wiser path forward.