Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has accused the Independent National Electoral Commission of misinterpreting a court order in the ongoing leadership crisis within the African Democratic Congress.
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Falana made the remarks during the 5th Comrade Yinka Odumakin Memorial Lecture held in Lagos, where he criticised the electoral body’s reliance on the legal doctrine of “status quo ante bellum.”
According to Falana, the term “status quo ante bellum” simply means a return to the situation before the dispute began — and he questioned INEC’s interpretation of the court directive.
“I said that INEC is wrong because the order granted by the court is an injunction of status quo ante bellum,” Falana stated.
“They use such terms to deceive us. What that means is before the start of the war — so who was in charge before that matter went to court?”
The senior advocate argued that the court order had been misapplied in a manner that appears to favour the ruling All Progressives Congress.
Falana’s interpretation suggests that maintaining “status quo ante bellum” should mean recognising whoever was in control of the party before the litigation commenced — not freezing all party activities or refusing to recognise any faction as INEC has done.
Falana further expressed concern over what he described as growing fears of a one-party state, blaming both the judiciary and senior lawyers for enabling such a perception.
“When we complain that APC is trying to turn Nigeria into a one-party state, the court and senior lawyers are to blame,” he added.
The ADC has been embroiled in a leadership dispute between a faction led by Senator David Mark and Ogbeni Rauf Aregbesola, and another faction backing Hon. Nafiu Bala Gombe as acting National Chairman.
The Court of Appeal, in a judgment delivered on March 12, 2026, dismissed an appeal by Senator David Mark and ordered parties to “maintain the status quo ante bellum” pending the determination of the substantive suit before the Federal High Court.
INEC Chairman, Professor Joash Amupitan, had stated that the commission would not recognise any faction of the ADC until the court cases are resolved, citing the preservation orders.
The ADC, in a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, had fired back at INEC, accusing the commission of overstepping its mandate and acting in contempt of court.
Falana’s intervention adds significant legal weight to the ADC’s argument that INEC has misinterpreted the Court of Appeal’s order.
His simple question “who was in charge before that matter went to court?” cuts to the heart of the dispute over what “status quo ante bellum” actually requires.
If the term means returning to the position before the “war” (litigation) began, then INEC should arguably recognise whoever was in control of the party at that point, rather than refusing to recognise anyone.
Falana’s accusation that the court order has been “misapplied in a manner that appears to favour the ruling APC” echoes concerns raised by other critics, including Prof. Chidi Odinkalu, who has accused INEC and the judiciary of colluding with the ruling party to weaken opposition ahead of 2027.
His criticism of senior lawyers for enabling fears of a one-party state is particularly pointed, given that the legal profession has been largely silent on the crisis engulfing opposition parties.
For the ADC and other opposition parties, Falana’s remarks provide ammunition in their argument that INEC’s actions are not neutral applications of law, but politically motivated interpretations designed to undermine their ability to organise and compete in the 2027 elections.
The question now is whether INEC will reconsider its position — or whether the matter will continue through the courts while the electoral calendar advances.
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