No Setback For ADC” — Lawyer Reacts To Supreme Court Decision

According to Ireporter Online, a constitutional lawyer, Fred Nzeako, has maintained that the Supreme Court’s decision directing that the leadership dispute within the African Democratic Congress (ADC) be returned to the Federal High Court does not amount to a setback for the party.

The Supreme Court had earlier set aside the judgment of the Court of Appeal, which had contributed to the de-recognition of Senator David Mark and former Osun State Governor, Rauf Aregbesola, by the Independent National Electoral Commission (INEC), and ordered that the matter be heard afresh at the Federal High Court.

Reacting during an interview on Arise News, Nzeako argued that the ruling leaves the party’s current leadership structure intact, insisting that ADC remains under the leadership of Senator David Mark.

“I don’t think the Supreme Court asking them to go back to the Federal High Court is a setback,” he said, adding that there has been no judicial pronouncement disqualifying the existing leadership approved by the party’s National Executive Committee (NEC).

He further stated that the ongoing legal process does not invalidate the party’s current leadership arrangement, noting that ADC’s affairs continue under Senator David Mark’s leadership while the case proceeds in court.

Nzeako also advised INEC against refusing to engage with the David Mark-led leadership, stressing that the commission has a legal obligation to recognize proper notifications submitted by political parties. He maintained that once the required notice period is fulfilled, INEC’s failure to acknowledge it does not invalidate party decisions.

Addressing concerns surrounding INEC’s directive requiring political parties to submit their membership registers by May 10, the lawyer argued that such registers are not essential for the conduct of general elections, since the voters’ register remains the primary requirement for elections.

He explained that membership registers are mainly relevant during internal party processes such as direct primaries, which he criticized as burdensome and potentially disadvantageous to opposition parties.

According to him, while the Electoral Act provides for either consensus or direct primaries, the inclusion of mandatory direct primaries places significant logistical strain on political parties, describing it as a “major election-like process” that may not be necessary for internal party selection.

Nzeako concluded that indirect primaries remain a viable and less burdensome option for political parties in conducting their internal democratic processes.