REVEALED: INEC 2025 Memo Shows David Mark-Led ADC Leadership Violated Electoral Act

Fresh details have emerged showing that the leadership of the African Democratic Congress (ADC), headed by former Senate President David Mark, may have violated provisions of the Electoral Act.

An internal memo from the Independent National Electoral Commission (INEC) has now raised serious questions about the legality of the party’s current structure.

The document, dated August 6, 2025, reviewed communications between ADC and INEC concerning the meetings that led to the formation of the party’s caretaker committee.

It included records of the National Executive Committee (NEC) meeting held on July 29, 2025, alongside the list of newly constituted party leaders.

According to the memo, the party failed to comply with a key legal requirement. It did not issue the mandatory 21 days’ notice to INEC before conducting the meeting that produced the caretaker committee. The commission said this omission goes against the Electoral Act and renders the process invalid.

The memo explained the legal position clearly. It stated, “The provision of section 82(1) of the Electoral Act 2025 is clear on which of the activities of political parties requires the mandatory 21 days’ notice.”

It added that any meeting held for the purpose of electing party leaders or making major decisions must be communicated to the commission within that timeframe. Failure to do so, as highlighted under Section 82(5), automatically invalidates such actions.

INEC further noted that while ADC notified the commission about the NEC meeting that ratified decisions, it did not inform the commission about the earlier meeting where those decisions were originally taken. This gap, the memo said, is critical.

“The ADC gave the Commission the Notice of the NEC meeting held on July 29, 2025 that ratified the resolutions of the National Working Committee (NWC) but neglected to give notice of the meeting where those resolutions were made,” the document stated.

The commission also pointed out inconsistencies in the party’s submissions. It said there was no clear record indicating when the caretaker committee officially took effect.

In addition, ADC failed to submit specimen signatures of its new leaders, including the chairman and secretary.

INEC maintained that it cannot determine when a political party should implement its internal decisions. However, it stressed that proper procedures must be followed before such decisions can be recognised.

The memo further questioned the process that led to the emergence of the caretaker committee. It noted that the committee was not directly appointed during the NEC meeting but was instead a decision taken earlier and later ratified.

“This goes to show that the appointment of the caretaker committee was not the product of the NEC or decision taken at the NEC meeting but outside which the NEC has the power to ratify,” the memo stated.

It added that for any decision to be ratified, it must have been validly carried out in the first place. INEC said there was no official record submitted to support the original appointment before ratification.

Despite these issues, the NEC went ahead to approve the caretaker committee. The leadership included David Mark as chairman, Rauf Aregbesola as secretary, and Bolaji Abdullahi as publicity secretary, with a mandate not exceeding 12 months.

The development comes amid an ongoing leadership crisis within the party. INEC had earlier moved to de-recognise the Mark-led leadership following a Court of Appeal ruling. This decision has created uncertainty around the party’s future, especially ahead of the 2027 general elections.

The ADC, however, has pushed back against the commission’s position. The party insisted it complied with the law and accused INEC of misinterpreting the court ruling. It also confirmed plans to challenge the commission in court.

Speaking on behalf of the party, a chieftain described INEC’s action as “mischievous” and insisted that the directive to maintain the status quo did not justify removing the party’s leadership from the commission’s portal.

Meanwhile, the crisis has taken a legal turn. A former deputy national chairman of the party, Nafiu Bala Gombe, is currently challenging the legitimacy of the Mark-led leadership in court. He is asking to be recognised as the authentic chairman.

The situation has also triggered wider political concerns. There are indications that some opposition figures are already exploring alternative platforms ahead of the next election cycle. Parties like the Action Peoples Party (APP) and the National Democratic Congress (NDC) are reportedly being considered.

Sources say the uncertainty surrounding ADC could affect its ability to field candidates if the leadership dispute is not resolved quickly. There are also fears that ongoing legal battles may disrupt key electoral timelines, including submission of party registers.