David Mark’s legitimacy to organise an ADC Convention is seriously contested by an ADC faction and it is legally fragile.
Any Convention he convenes risks being invalidated if the court finds that his emergence and authority as Interim Chairman are unconstitutional.
1) Who Has the Constitutional Power to Convene an ADC Convention?
Under the ADC Constitution currently in force (i.e., the Convention-adopted constitution registered with INEC):
The National Chairman and the National Working Committee, lawfully constituted, are responsible for:
Issuing notice of Convention
Setting the agenda
Supervising delegate accreditation
Key condition:
They must be constitutionally valid office holders.
2) The Core Problem: Authority Flows from Legitimacy
Legal principle:
Only a lawfully constituted authority can perform a valid constitutional act.
If:
David Mark does not meet eligibility requirements, and
His appointment arose from NEC action without Convention approval,
then:
His authority to act as National Chairman is defective,
And every major act flowing from that authority is equally tainted.
This includes:
- Calling a National Convention
- Accrediting delegates
- Setting Convention rules
- Conducting elections or constitutional amendments
3) “Interim Chairman” Does Not Solve the Problem
Labeling David Mark as Interim Chairman does not cure the defect because:
The ADC Constitution does not give NEC power to:
Appoint an interim national chairman outside Convention
Waive eligibility requirements
Interim status cannot override constitutional conditions precedent
● In law:
You cannot convene a Convention to legalise an authority you never lawfully possessed.
This would amount to self-validation, which courts consistently reject.
4) Effect of Pending Court Cases
Because there are active cases in court challenging:
- His leadership,
- The dissolution of the previous NWC,
- The legality of NEC actions,
- any Convention organised by him faces these risks:
🔴 Risk 1: Injunction
Courts may:
Restrain the Convention entirely, or
Allow it to hold but suspend recognition of its outcomes
🔴 Risk 2: Post-Convention Nullification
Even if held:
The Convention may later be declared null and void
All decisions taken may be set aside
🔴 Risk 3: INEC Non-Recognition
INEC may:
Decline to recognise the Convention
Refuse filings or leadership updates arising from it
5).Can a Convention Cure the Defect After the Fact?
Generally, no, unless:
✔️ The Convention itself is convened by a lawfully recognised authority, or
✔️ A court expressly orders or validates the Convention, or
✔️ All disputing factions participate and ratify outcomes without objection
Without these safeguards, the Convention is vulnerable.
Interim status has no constitutional backing,
➡️ Any Convention he convenes is at high risk of being declared illegal or ineffective.
The safest legal path would be:
Either a court-sanctioned process, or
A Convention convened through constitutionally undisputed structures.
