PDP Crisis: INEC’s Role Under Scrutiny as Factional Convention Sparks Legal Questions

Independent National Electoral Commission (INEC)

By Emmanuel Enebeli

WARRI/Nigeria: The role of the Independent National Electoral Commission (INEC) in the ongoing crisis rocking the Peoples Democratic Party (PDP) has come under fresh scrutiny, following the emergence of a factional National Working Committee (NWC) from a controversial convention held at the weekend.

A legal practitioner and political analyst, Mr. Oba Maduabuchi, SAN who spoke on The Morning Show on Arise Television, said the electoral umpire’s involvement in party activities has been widely misunderstood, particularly in relation to the validity of political conventions.

Maduabuchi clarified that INEC’s presence at any political party convention does not in itself confer legality on the exercise, stressing that the commission’s role is largely observational and administrative.

“In law, INEC’s attendance is optional. Its presence does not validate a convention; it merely observes proceedings,” he said.

He explained that the confusion surrounding the PDP’s latest convention—reportedly organised by a faction loyal to the Minister of the Federal Capital Territory, Nyesom Wike—has been further complicated by perceptions that INEC’s participation amounts to endorsement.

According to him, such assumptions are misplaced, as the legality of a convention is determined by compliance with party constitutions and existing court orders, not by the presence of the electoral body.

Maduabuchi noted that INEC had previously declined to attend a similar PDP convention due to a subsisting court order, demonstrating that the commission is bound by judicial directives and cannot act in defiance of the law.

He questioned the circumstances under which the recent convention was held, particularly as leadership disputes within the PDP remain the subject of litigation before the Supreme Court.

“Once a matter is before the Supreme Court, parties are expected to maintain the status quo. Proceeding with a convention in such a situation raises serious legal concerns,” he stated.

The legal expert further pointed out that conflicting judgments from lower courts have contributed to uncertainty over the party’s leadership, with different rulings appearing to recognise opposing factions.

He said INEC’s earlier recognition of the leadership under Umar Damagum up to December 2025 adds another layer of complexity to the current situation, especially regarding which structure the commission may engage going forward.

Maduabuchi warned that unless the Supreme Court urgently intervenes to clarify the legal position, the PDP could face significant hurdles in conducting primaries and fielding candidates for future elections.

He added that the uncertainty may also trigger fresh disputes, particularly from aspirants who could challenge the legitimacy of any process conducted under a disputed leadership.

Beyond the PDP, he expressed concern about the broader implications for Nigeria’s democracy, noting that ambiguity around INEC’s role and the internal crises of major political parties could weaken public confidence in the electoral process.

“The Supreme Court must resolve these issues quickly, not just for the PDP, but for the stability of Nigeria’s political system,” he said.

As the crisis unfolds, observers say the interplay between INEC’s regulatory role, judicial pronouncements, and party politics will be crucial in determining the PDP’s readiness for upcoming electoral contests and the overall health of Nigeria’s democratic process.

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