INEC Memo Declares Senator Mark-Led ADC Caretaker Committee Invalid

A significant document issued by the Independent National Electoral Commission (INEC) has cast doubt on the legitimacy of the African Democratic Congress (ADC) leadership, particularly its caretaker committee headed by former Senate President David Mark.

The memo, dated August 6, 2025, addresses communications between the ADC and INEC concerning the formation of the party's caretaker committee. It specifically reviews a submitted list of the caretaker committee, National Working Committee (NWC), and zonal officers that were purportedly ratified at an ADC meeting in July 2025, alongside minutes from the party's 99th National Executive Committee (NEC) meeting held on July 29, 2025.

According to Joan Arabs, Deputy Director of the Election Party Monitoring Committee (EPMC), the ADC failed to provide the mandatory 21 days' notice to INEC for the meeting that established the caretaker committee. Furthermore, no records of this meeting were submitted to the commission.

Arabs' memo highlights that this lapse contravenes Section 82(5) of the Electoral Act 2025, rendering the committee's formation invalid. The memo explicitly states, "The provision of section 82(1) of the Electoral Act 2025 is clear on which of the activities of political parties requires the mandatory 21 days’ notice."

It further elaborates that "The emphasis here is placed on what the gathering, by whatever name it is called, seeks to achieve. Section 82(5) made it clear that failure to give the notice stipulated in 82(1) renders the activity invalid."

The memo notes that while the ADC provided notice for its NEC meeting on July 29, 2025, which later ratified NWC resolutions, it neglected to provide notice for the preceding NWC meeting where those resolutions were made. The party also did not specify the effective date for the caretaker committee's tenure.

Additionally, the deputy director pointed out that the ADC had not furnished specimen signatures of the caretaker chairman and secretary to INEC. Consequently, Arabs recommended that the commission should await the submission of these details and the proposed effective start date for the new leadership.

The ADC had previously submitted letters on July 29, 2025, citing Articles 19(12)(vii) and 19(14)(N, O, P & S) of its 2022 constitution. These provisions empower the caretaker committee to act on behalf of the NEC and NWC, ratify NWC decisions, and approve the dissolution of state executives.

However, the memo clarifies that the appointment of the caretaker committee was not a direct outcome of the NEC meeting but an earlier decision, which the NEC then ratified. The minutes of the NEC meeting indicate that the NEC ratified resolutions from an NWC meeting on July 2, 2025, which included forming a caretaker committee to manage party affairs during a coalition process and restructuring.

The memo emphasizes that for ratification to occur, the action must have preceded the ratification date. It states, "There is no record of the appointment of the caretaker committee of the African Democratic Party with the commission that requires ratification has claimed by the executives of the party."

The minutes also mention that the NEC approved the appointment of the caretaker committee to lead the party for a maximum of 12 months, listing Senator David Mark as Caretaker National Chairman, Rauf Aregbesola as Caretaker National Secretary, and Bolaji Abdullahi as Caretaker National Publicity Secretary.

INEC's stance was further reinforced by a de-recognition of the David Mark-led ADC leadership, referencing a Court of Appeal ruling. This development has potentially jeopardized the party's preparations for the 2027 general elections and its planned National Convention on April 14.

Despite this, the ADC maintains its intention to proceed with the convention, asserting INEC's role as merely supervisory. The party also claims to have informed the electoral body about the 21-day notice requirement.

Meanwhile, a legal challenge is underway, with former ADC Deputy National Chairman, Nafiu Bala Gombe, suing to be recognized as the authentic party chairman, alleging an unlawful takeover by the current leadership.

ADC has announced its intention to sue INEC over what it terms a "mischievous" interpretation of the Court of Appeal's judgment. The party argues that INEC's removal of the leadership from its official portal is a misrepresentation of the court's directive to maintain the status quo.

Lawal Tukur-Batagarawa, speaking for the Katsina State chapter of ADC, stated that the national leadership, in consultation with legal counsel, will challenge INEC's action in court, describing the interpretation as "sheer mischief and wrong."

Amidst these internal and external conflicts, opposition leaders are reportedly exploring alternative political platforms for the 2027 elections, seeking parties with stable leadership. Options like the Action Peoples Party (APP) or National Democratic Congress (NDC) are being considered if the ADC's legal entanglements persist.

Sources indicate that opposition leaders plan to meet after the Easter break to strategize. The ongoing legal battles could impact the ADC's ability to field candidates and submit its member register to INEC by the May 8 deadline.

Ironically, the ADC has reported a significant surge in new membership since INEC's statement derecognizing its leadership, with over half a million new members joining since April 1.