By Okoi Obono-Obla
The ADC Crisis and the Imperatives of Section 82 of the Electoral Act 2026:
Why would a political party that proclaims it wants to transform Nigeria into an El Dorado overnight upon winning political power loudly boast that it will proceed with its convention or congress, even when the regulator has declared it does not recognize its national officers? This is despite a directive of the Court of Appeal that all parties (including Nafiu Bala Gombe, Senator David Mark, ADC, and INEC) must maintain the status quo bellum ante—the situation or existing state of affairs before the outbreak of hostilities.
Section 82(3) of the Electoral Act 2026 provides:
*”The Commission, with or without prior notice to the political party, shall attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of—
(a) electing members of its executive committees or other governing bodies;
(b) electing candidates for an election at any level; and
(c) approving a merger with any other registered political party.”*
The purport of Section 82(3) is that it is mandatory for INEC, with or without notice, to attend, observe, and monitor any convention or congress convened by a political party for the election of executive committees or governing bodies, the nomination of candidates for elections, or the approval of mergers.
It follows that INEC would not attend, observe, or monitor any convention or congress convened by both factions of the ADC to elect executive committees or governing bodies at the ward, local government, state, and national levels. Likewise, INEC will not attend or monitor any convention or congress convened by both factions of the ADC to nominate candidates for presidential, governorship, state assembly, or national assembly elections.
It is instructive that both factions of the ADC have fixed two different dates and venues to hold their conventions.
The consequences of violating Section 82(3) are provided in Section 82(6) of the Electoral Act:
“Failure of a political party to notify the Commission as stated in subsections (1) and (2) shall render the primaries, convention, congress, and conferences invalid.”
The faction of the ADC headed by Senator David Mark has boasted that since it has given notice to INEC as stipulated by Section 82(2), it will go ahead with its convention scheduled for 14 April 2026.
Section 82(2) of the Electoral Act provides:
“The notice shall specify the date, time, venue, and names of the members of the congress, convention or conference committee as spelt out in the party’s constitution.”
It must be emphasized that ADC cannot interpret Section 82(2) in isolation from Sections 82(1)–(6). The provisions must be read holistically to infer the true intention of the legislature.
Conclusion:
It is prudent for ADC to put its house in order and desist from grandstanding and bluster. Otherwise, it risks digging its own grave regarding participation in the 2027 general elections.
Section 82 really gives the electoral commission a clear mandate to observe party conventions, but this case with ADC shows that having authority doesn’t always make enforcement straightforward. It highlights the delicate balance between legal frameworks and political ambitions in maintaining electoral integrity.