To: Senator David Mark (Caretaker National Chairman), Ogbeni Rauf Aregbesola (Caretaker National Secretary), All Members of the National Executive Committee (NEC), All 36 State Chairmen and FCT Chairman, and All ADC Members Nationwide
From: Independent Legal Advisor
Date: 12 April 2026
Subject: URGENT UPDATED LEGAL POSITION: Resolve the ADC Leadership Crisis NOW – Section 83 of the Electoral Act 2026 and NBA Statement Demand Immediate Internal Action
Dear ADC Leaders and Members,
TIME IS CRITICAL.
The Nigerian Bar Association (NBA) statement of 10 April 2026 by President Mazi Afam Osigwe, SAN, together with the clear and stringent provisions of Section 83 of the Electoral Act 2026, have fundamentally changed the landscape of our leadership crisis. We cannot afford another day of delay. With barely months left to prepare serious structures for the 2027 general elections, continued uncertainty or reliance on court processes will cripple the party and hand advantage to our opponents.
The New Legal Reality – Act Immediately
Section 83(5) of the Electoral Act 2026 explicitly states:
”Subject to the provision of subsection (3), no Court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”
If any such action is filed:
• No interim or interlocutory injunction (including the previous “status quo” or preservatory orders) can be granted.
• The court must suspend any ruling and deliver judgment only at the final stage, with accelerated hearing.
• At the end, the court must impose costs of not less than ₦10 million each on the lawyer who filed the suit and on the plaintiff/applicant, plus any additional costs to INEC.
The NBA has issued a strong warning: lawyers who drag courts into intra-party leadership or caretaker disputes risk disciplinary proceedings before the Legal Practitioners Disciplinary Committee (LPDC). Judges who grant prohibited orders risk sanction by the National Judicial Council (NJC). The Bar is watching closely and will act decisively.
This means the rival faction’s suit and the Court of Appeal’s March 2026 orders are now on extremely weak footing. INEC’s removal of the names of Senator David Mark and Ogbeni Rauf Aregbesola from its portal, based on those orders, is seriously undermined. INEC is expected to remain strictly neutral and not participate in any form of political engineering.
The leadership question is now firmly an INTERNAL PARTY MATTER. We must resolve it ourselves — and we must do so immediately.
Updated and Urgent Way Forward
1 Mobilise NEC Under Article 13 of the ADC Constitution – TODAY
�The National Executive Committee (NEC) is the principal administrative organ of the party. Where normal leadership is in dispute or incapacitated, two-thirds (2/3) of the non-resigned NEC members (particularly State Chairmen and other eligible members) have the clear constitutional power and duty to request and summon an urgent NEC meeting.
�Action required now: State Chairmen must begin immediate consultations to secure the 2/3 threshold. Delay is no longer an option.
2 Comply Strictly with Section 82 of the Electoral Act 2026
�Any NEC meeting that touches on leadership, ratification, or filling vacancies must be preceded by at least 21 days’ written notice to INEC, clearly stating the date, venue, and purpose. Failure to comply renders the meeting and all decisions invalid under Section 82(5).�Serve the notice without further delay once the 2/3 request is secured.
3 Handle Leadership and Any Vacancy Strictly per Article 17.4
�If the National Chairman position is or becomes vacant, NEC shall appoint a substitute from the same geo-political zone as the former Chairman. This is temporary, pending the next National Convention or Congress. Avoid creating broad caretaker structures outside the clear constitutional framework (Articles 13, 17.4 and relevant parts of Article 19).
4 Immediate Practical Steps (This Week)
◦ Suspend all planned congresses, conventions, or parallel meetings until proper notice and internal resolution are achieved.
◦ Focus the urgent NEC meeting on regularising a single, functional national leadership that INEC can recognise.
◦ Direct all state chapters to maintain unity and intensify grassroots mobilisation, membership registration, and policy preparation for 2027.
5 Longer-Term Protection
�Once leadership is stabilised, immediately commence the process to amend the ADC Constitution to include clear, explicit provisions for caretaker or interim mechanisms. This will prevent future crises.
Final Urgent Call
The NBA and the Electoral Act 2026 have removed the courts as a reliable avenue for resolving our internal dispute. Continuing down the litigation path now carries heavy financial penalties, professional risks for lawyers, and the real danger of further paralysis.
We must act internally, lawfully, and with speed.
Every single day of indecision weakens our structures, discourages our members, and damages our chances for 2027. The party belongs to all of us — not to any faction or external process.
I am standing by right now to assist with:
• Drafting the 2/3 request letter from NEC members
• Preparing the 21-day notice to INEC
• Drafting a focused NEC resolution
State Chairmen and NEC members: please treat this as an emergency. Convene consultations immediately. Share this memo widely across all wards and chapters.
Let us reunite the ADC this month, restore recognised leadership, and turn our full energy toward building a winning party for 2027. The time for action is now.
Signed�Independent Legal Advisor
cc: Party Legal Team (note the NBA’s explicit warning on disciplinary risks)�All Ward and Local Government Chairmen (for immediate wide circulation)
This memo supersedes all previous advice on timelines and court strategy.