‘You are not the court’,  ADC fires back at INEC chairman 

‘You are not the court’,  ADC fires back at INEC chairman 

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 ADC leaderships of David Mark and Nafiu Bala after reviewing a court of appeal judgement.

Bolaji Abdullahi, national publicity secretary of the ADC, had on Thursday said the party would go ahead with its congresses and convention despite the position of INEC on party’s leadership.

Reacting to Amupitan’s comment during the interview, the ADC in a statement issued on Friday issued by Abdullahi rejected the claim by the INEC chairman that going ahead with the congress would 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.

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.”

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.

He stressed 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.”