Dare Babalola
A legal practitioner, Todimu Ige, popularly known as OgaTheLawyer, has warned that the absence of the Independent National Electoral Commission (INEC) at political party conventions could expose such exercises to serious legal challenges, depending on the circumstances surrounding the development.
Recall that the African Democratic Congress (ADC) on Tuesday conducted its national convention in Abuja despite the Independent National Electoral Commission (INEC) decision not to monitor the process.
Before now, INEC had announced the removal of David Mark and Rauf Aregbesola’s names from its official portal as National Chairman and National Secretary of the ADC, respectively.
According to the commission, the decision followed a leadership crisis within the ADC and a recent judgment of the Court of Appeal in Suit No. CA/ABJ/145/2026, which it claimed further complicated the dispute.
INEC also said it would suspend recognition of all factions within the party and refrain from monitoring any conventions or congresses organised by groups aligned with the affected leaders.
ADC National Publicity Secretary, Bolaji Abdullahi, who then spoke on behalf of the party, said the ADC had already issued INEC the required 21-day notice for its activities, noting that the commission acknowledged receipt of the notice.
He maintained that the ADC would not halt its internal processes regardless of INEC’s position, stressing that the party remains committed to carrying out its congresses and convention as scheduled.
Speaking during an interview with NEWSTELLERS on Thursday, Ige explained that the consequences of INEC’s non-attendance are largely determined by whether the political party complied with statutory notification requirements as provided under the Electoral Act 2022.
He noted that where a party fails to properly notify INEC ahead of its convention, the legal implications could be far-reaching.
“If the party failed to notify INEC properly, the convention may be considered invalid, especially regarding any decisions taken, such as leadership selection or candidate nomination,” he said.
According to him, such a lapse could render outcomes of the convention legally vulnerable, particularly if challenged in court by aggrieved members or stakeholders.
However, Ige clarified that the situation differs where due process is followed.
“If INEC was notified but failed to attend, the convention is not automatically invalid, but it may raise concerns and could become an issue in court if challenged,” he added.
The lawyer stressed that while INEC’s physical presence is important for transparency and documentation, the law places greater emphasis on compliance with procedural requirements.
He described INEC’s absence as more than a political talking point, warning that it constitutes a significant legal risk factor in assessing the validity of party decisions.
“INEC’s absence is not just a political talking point, it’s a legal risk factor,” he stated, noting that it could create gaps in credibility and evidence, especially in contentious situations.
Ige also pointed out that disputes arising from such conventions often hinge on whether the electoral body was given the mandatory 21-day notice required to monitor proceedings involving the election of party executives or the nomination of candidates.
The Electoral Act 2022 strengthened the regulatory role of the Independent National Electoral Commission in overseeing internal party processes, particularly conventions and congresses.
Political parties are required to notify the commission in advance of such events to ensure transparency and compliance with democratic standards.
