Senior Advocate of Nigeria, Femi Falana, has backed the decision of the Independent National Electoral Commission (INEC) to stay out of the ongoing legal battle over the leadership of the African Democratic Congress (ADC), saying the commission acted within the law by maintaining neutrality.
Falana clarified that INEC neither supported nor opposed the ADC’s appeal currently before the Supreme Court, which has already been heard and is awaiting judgment. According to him, the electoral body’s decision not to intervene is consistent with its constitutional duty to remain impartial in internal political party disputes.
He said INEC’s posture aligns with long-standing legal principles requiring electoral bodies to avoid taking sides in intra-party conflicts.
Quoting past judicial authority, Falana referenced the Supreme Court decision in Attorney-General of the Federation v. Atiku Abubakar (2007), where the court warned against partisan conduct by state institutions.
He recalled the court’s position that agencies like INEC and the police must remain strictly neutral. “In the performance of its duty, the Nigeria Police Force must manifestly demonstrate impartiality. It must not lean to one side against the other… It must be apolitical,” the judgment stated, stressing that INEC must also avoid any action that could suggest bias.
Falana further noted the court’s criticism in that case of institutions perceived to have taken sides, warning that such behaviour could damage public confidence in democratic processes.
Relying on that precedent, he argued that INEC’s current decision to avoid involvement in the ADC crisis is both lawful and appropriate. “The Independent National Electoral Commission should henceforth remain an independent umpire in the conduct of elections and demonstrate impartiality in intra-party feuds,” he said.
The ADC leadership crisis has continued to deepen since the resignation of its former national chairman, Ralph Nwosu. His exit triggered competing claims to leadership between a caretaker committee led by former Senate President David Mark and another faction led by Nafiu Bala, who insists he never resigned and remains the rightful chairman.
The dispute has already passed through the Federal High Court and the Court of Appeal, which ordered all parties to maintain the status quo pending final determination by the Supreme Court. The matter is now awaiting judgment at the apex court.
In response to the ongoing litigation, INEC recently stated that it would not recognise any faction within the party for now and would suspend monitoring of its activities until the Supreme Court delivers a final verdict.
The development has effectively left the ADC without an officially recognised leadership structure, raising concerns about its preparedness for upcoming electoral activities ahead of the 2027 general elections.
