Accuses INEC of Flagrantly Disobeying Court Orders
By Nnamdi Ojiego,
The leadership crisis within the African Democratic Congress (ADC) has taken a sharper turn, with fresh accusations of illegality, forgery, and institutional bias deepening divisions within the party. In this interview, Acting National Publicity Secretary, Bashir Abdul-Mohammed, speaks forcefully on the unfolding dispute, accusing the Independent National Electoral Commission (INEC) of openly disregarding court orders and undermining the rule of law.
He insists that the party’s constitutional process was duly followed after the resignation of its former national chairman, maintaining that the current leadership under Nafiu Bala remains legitimate. Abdul-Mohammed also dismisses claims surrounding a purported resignation letter as outright forgery, while describing the faction aligned with former Senate President, David Mark, as “usurpers” who assumed control through unlawful means. Excerpts:
Well, this letter written by the lawyers from your group has been described as just a mere letter. Nothing is going to happen. You’ve written the first one, this is the second one. What has changed? If INEC removes the name of Senator Mark, will it be the voice of Jacob and hand of Esau?
This is the time Nigerians have been waiting for, and I must tell you it is categorically clear. We are not in a banana republic. We are in a state governed by the Constitution of the Federal Republic of Nigeria and the law. Nobody operates outside the ambit of the law. Nobody becomes deviant to the law. We are all subject to the law. Having given this premise, what necessitated the transmission of these letters? Our party, the ADC, has a constitution. In Article 14, sub-Article 2, paragraph I, it states that when a national chairman resigns or is absent, the deputy national chairman takes over the affairs of the party within the same zone. Nafiu Bala is constitutionally in order to assume the affairs of the party upon the resignation of Ralph Nwosu. That is what happened.
We were moving on quietly and correctly, but we had some usurpers, as I call them, who are temporarily sojourning and holding power. A group of persons headed by Senator David Mark claimed the leadership of the party, and this was contested. We approached the appropriate court to challenge the manner of that illegal takeover. There was a judgment from the trial court, the Federal High Court. We then proceeded to the Court of Appeal, asking that INEC obey the rule of law and maintain the status quo ante bellum.
Which he says is what it is right now, with the name of Senator Mark there…
Who is the person?
That is what Mr. Okonkwo said.
Let me explain what the Constitution means and what status quo ante bellum means.
Are you a lawyer?
I’m a law student.
You’re a law student? He is a lawyer.
Constitutions can be interpreted by anyone who reads them.
I can read it, but I can’t interpret it.
Hold on. Let me explain. Status quo ante bellum simply means the state of affairs should return to how it was before the dispute. It also means things should remain as they were before litigation began. How was it? The national chairman is Nafiu Bala. When a chairman resigns, the deputy takes over. That is what happened. The court directed that if they cannot prove their claim to leadership, then the status quo ante bellum should be maintained pending an accelerated hearing.
Part of what he also asked is this: you wrote the first letter to INEC, now this is the second. What has changed? What informed the second letter?
Thank you. We now have a problem with INEC. INEC is having a problem with Nigerians and democracy. It has been adamant, flagrantly and blatantly disobeying court orders. We wrote the first letter citing the appellate court order. It is regrettable that a senior lawyer, a SAN, is at the helm of affairs of the electoral umpire and is disobeying court orders. We drew his attention to earlier processes, including motions and filings, and asked him to comply with the law. Section 287(2) of the Constitution states that every decision of the Court of Appeal is binding on authorities, persons, and institutions. INEC is not exempt. The second letter was to inform INEC that its continued violation leaves us with no option but to initiate contempt proceedings.
Let’s get this straight. Were there negotiations between members of the former leadership of the ADC and the people you now call usurpers? Were you aware when those conversations were going on?
With who, please?
With the people you call usurpers.
I am not aware of that.
But do you recognize Mr. Ralph Nwosu as the chairman of the party?
He has resigned. I am not privy to any other conversations.
So you were not aware of any conversations he had with David Mark and others?
That is not recognized by us.
So it was done on personal grounds?
Like I said, that is unknown to us.
When the takeover happened and Senator David Mark and Ogbeni Aregbesola were being presented in ADC colours, nobody was aware?
That was done in ignorance of the law. We were not aware.
This letter of resignation we are seeing, is it recognized by Nafiu Bala as his signature?
Let me dismiss it outright. This is forged. This is not his signature. As we speak, he is challenging it in court.
Forged by who?
That is what the court will determine.
So he is saying this is not his signature?
Not just saying it. It is not his signature. Our chairman did not resign.
Have you seen his signature before?
You are asking the Acting Publicity Secretary if I have seen his signature? He is my boss. We have corresponded. I know his signature. This is not it.
When did he go to court?
I am not privy to the exact date.
Do you have an idea of the period?
Like I said, I am not privy to that, but I can state clearly this is not his signature.
It will be important to know the timeline.
The court will determine that. It is already before the court.
From your demeanour, it seems you know more. Is INEC going to remove Senator Mark’s name today?
My brother, it is long overdue. We are challenging them. We will give four demands before I leave this programme. How can you sit on a court order?
So the name will be removed today?
INEC should do the needful as soon as possible. The list should be corrected.
You have been accused of being sponsored by the APC. How do you respond?
Are there proofs? That is an allegation.
What do you make of it?
As Acting Publicity Secretary, I am aware of party affairs. When INEC recognized them, we did not make noise. We pursued legal means. Now we are demanding compliance with court orders, they are going about causing chaos.
In political parlance, no man, no political party or politician, comment in this demeanor without backing from powers above…
That is what we are praying for.
Would you be surprised if the name is removed today?
That is what we want. If they don’t, they’re going to see us on the streets. Before I leave, we have four demands: INEC should invalidate the meeting of March 25, 2026; stop dealing with David Mark’s group; and recognize the acting chairman, Nafiu Bala, immediately. We have no time on our side.
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