A legal expert, Dr. Alex Ter Adum, has challenged the position of the Independent National Electoral Commission (INEC) over the ongoing dispute with the African Democratic Congress (ADC), insisting that the electoral body cannot invalidate a party’s congress simply because it did not attend.
Adum was reacting to comments by the INEC chairman, who suggested in a television interview that the ADC could risk disqualification from the 2027 general elections if it proceeds with its planned congresses and convention without the commission’s participation.
In his analysis, Adum argued that such a position contradicts the provisions of the Electoral Act 2022, which governs party congresses and conventions in Nigeria.
According to him, the law only requires political parties to give INEC at least 21 days’ notice before holding any congress or convention. He explained that while the commission may attend and observe such activities, its attendance is discretionary and not a legal requirement for the validity of the exercise.
“The law gives INEC the opportunity to observe proceedings, not the power to veto them,” he said.
Adum added that the only consequence clearly stated in the Electoral Act is when a party fails to give the required notice. In such cases, the exercise can be declared invalid. However, he noted that the law does not prescribe any penalty if INEC fails to attend after receiving the notice.
He warned that suggesting otherwise could create a dangerous precedent where the validity of party congresses depends on whether INEC officials choose to be present.
The legal analyst therefore advised the African Democratic Congress to proceed with its congresses if it has complied with the notice requirement, adding that the party could also seek judicial clarification on the limits of INEC’s authority.
Adum concluded that the controversy raises broader concerns about the boundaries of regulatory power in Nigeria’s electoral system and the need to protect the rule of law.
