The African Democratic Congress (ADC) has criticised Joash Amupitan, chairman of the Independent National Electoral Commission (INEC), over his comments on the party’s planned congresses and convention.
The opposition party said Amupitan’s position during an
interview on Arise TV amounts to a misinterpretation of a court of appeal
directive to maintain the status quo in the ongoing leadership dispute within
the party.
On Wednesday, INEC announced that it would no longer
recognise the factions of the ADC led by David Mark and Nafiu Bala after
reviewing a court of appeal judgement.
On Thursday, Bolaji Abdullahi, national publicity secretary
of the ADC, said the party would go ahead with its congresses and convention
despite the position of INEC on its leadership dispute.
‘INEC MISREPRESENTING ISSUE OF MULTI-PARTY DEMOCRACY’
In a statement issued on Friday, Abdullahi said the party
rejects the claim that proceeding with its planned congresses could violate
court orders.
The ADC spokesperson accused the INEC chairman of acting
outside the commission’s supervisory role and attempting to halt lawful
internal processes.
“The African Democratic Congress (ADC) has carefully
reviewed the recent interview granted by the Chairman of the Independent
National Electoral Commission (INEC), Professor Joash Amupitan, and finds it
necessary to respond, in order to correct several legal and factual
misrepresentations,” the statement reads.
“While the Commission seeks to present its position as one
anchored in law and neutrality, the substance of the Chairman’s own statements
reveals a fundamental misapplication of both constitutional principles and
judicial directives.”
Abdullahi said the issue raised by the party is not whether
Nigeria remains a multi-party democracy but whether INEC’s actions could weaken
opposition parties.
“The question before Nigerians is not whether Nigeria remains a multi-party state in theory, but whether the actions of INEC in practice are undermining the ability of opposition parties to freely organize and function,” he said.
‘COURT ORDER DOES NOT STOP PARTY ACTIVITIES’
He also faulted Amupitan’s interpretation of the court of
appeal’s directive on maintaining the “status quo ante bellum.”
“This interpretation is both selective and legally flawed,”
Abdullahi said.
“The preservation order, by its nature, is intended to
prevent actions that would irreversibly alter the subject matter of litigation,
not to paralyze the internal functioning of a political party.”
The ADC spokesperson said INEC does not have the authority
to determine what constitutes the status quo in the case.
“The chairman’s attempt to define the ‘status quo’ by
tracing the controversy to internal party developments in July 2025 is an
administrative interpretation that INEC is not empowered to make,” he said.
“That determination lies strictly within the jurisdiction of
the courts, not the Commission.”
‘INEC CANNOT DETERMINE VALIDITY OF CONGRESSES’
He added that holding congresses or conventions does not
invalidate ongoing judicial proceedings.
“Internal party processes, conducted in line with the
party’s constitution and the Electoral Act, do not extinguish or prejudice
pending judicial proceedings,” Abdullahi stated.
“Democratic continuity within a political party is presumed
under the law unless expressly restrained by a competent court.”
He added that INEC’s role is limited to monitoring internal
party processes when notified and does not determine the validity of such
activities.
“A party’s decision to proceed with its internal processes
does not depend on INEC’s participation,” he said.
“By conflating its monitoring function with the validity of
the processes themselves, INEC effectively places itself above the law.”
Abdullahi also dismissed comparisons with past electoral
cases, such as those in Zamfara state.
“Those cases involved clear and established failures to
comply with mandatory legal requirements for primaries,” he said.
“In contrast, the ADC has demonstrated its commitment to
conducting its processes in strict accordance with its constitution and the
Electoral Act.”
“The law does not permit administrative bodies to curtail
constitutional rights on the basis of speculative future outcomes.”
Abdullahi said the ADC will proceed with its congresses and
convention in line with the law.
“The ADC will therefore proceed with its activities in full
compliance with the law and urges INEC to confine itself strictly to its
constitutional and statutory mandate,” he added.
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