By Adesina Soyooye
A petition to the Independent National Electoral Commission, INEC, against the Legal Adviser of the Nigerian Democratic Congress, NDC, Barrister Reuben Egwuaba, that he is, at the same time, of the Allied Peoples Movement, APM, has been dismissed by the Electoral body.
In response to the petition, the INEC has confirmed that Barrister Egwuaba, the National Legal Adviser of the NDA, resigned from the APM before joining the NDC and there is no way he is simultaneous listed on both parties’ records on the INEC portal.
The Commissioner explained that it could be
APM’s failure to, officially, inform of his resignation to the Commission and promised that “the needful will be done to update the portal.”
This clarification was provided by Wilfred Ifogah, INEC’s Deputy Director of Voter Education and publicity while responding to a point raised by a Civil Society Coalition, the Nigeria Democratic Rights Advocacy, which pointed out what it described as the double listing as “a serious legal contradiction with far-reaching implications” and a criminal offence under the amended Electoral Act 2026.
The clarification by INEC has taken care of what could have been a big legal challenge to the NDC just when high profile politicians were beginning to embrace it. On Sunday, both former Presidential Candidates and former Governors Peter Obi and Rabiu Kwankwaso defected from the ADC to the NDC.
The NDRA has on Sunday, same day as Obi and Kwankwaso’s embrace of the NDC, in a statement signed by its Julius Aondowase, its National Secretary raised the alarm to what it described as “disturbing inconsistencies in official party records which list Barr. Reuben Egwuaba as National Legal Adviser in both the Allied Peoples Movement and the Nigeria Democratic Congress, with one of the listings expressly stated to be ‘by court order.’
It said “The infraction is not a clerical oversight. It is a serious legal contradiction with far-reaching implications,” the NDRA stated.
Citing Section 77 of the amended Electoral Act, which prohibits dual membership of political parties at the same time, which penalty is N10 million in fines or a prison term of up to two years or both for anyone found guilty of dual membership, the group said:
“The position of National Legal Adviser is not symbolic; it is a core office within a party’s National Executive Committee, which requires full and exclusive membership of that party. Therefore, occupying this role in both the APM and NDC simultaneously is not only politically improper it constitutes prima facie evidence of dual membership and a potential criminal offence under Nigerian law.”
It said to INEC: “If these records are accurate, then this is a clear violation of the law. If they are not, then the public deserves an immediate correction and explanation as to how such conflicting information came to be officially documented.
“Political parties must not become safe havens for legal contradictions. The rule of law must be upheld without exception.
It called on “relevant authorities, including electoral regulators, to investigate this matter without delay and take appropriate action in line with the law, and noted that “Nigeria’s democracy must be governed by rules not convenience.”
But Ifogah said: “My inquiry revealed that he has already resigned from APM, which means he is of NDC.”
He explained why the dual listing persisted on the portal despite the resignation: “It’s likely APM has not formally communicated the commission. However, the needful will be done to update the portal.”
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