LEADERSHIP DISPUTE: ADC accuses INEC of overreaching

The African Democratic Congress (ADC) has accused the Independent National Electoral Commission (INEC) of going beyond its constitutional rules, in light of the leadership crisis rocking the party.

The party in a statement issued on Friday, by its spokesperson, Bolaji Abdullahi said the party rejected claims that going ahead with the planned congress could violate the court order, as stated by INEC chairman, Joash Amupitan.

The opposition party said Amupitan’s position during the interview on Arise TV was a misinterpretation of the Court of Appeal’s directive to maintain the status quo in the ongoing leadership dispute within the party.

On Wednesday, INEC announced that it would no longer recognize the ADC faction led by David Mark and Nafiu Bala after reviewing the appeal court decision.

The next day, the party said that it would go ahead with the congress and convention despite INEC’s position on its leadership dispute.

However, in an interview on Arise TV, Prof. Amupitan alluded that if the ADC went ahead with the national convention plan, this could jeopardize its position and chances in the next general election.

The ADC spokesperson, however, accused the INEC chairman of acting outside the commission’s oversight role and attempting to stop legitimate internal processes.

“The African Democratic Congress (ADC) has carefully reviewed the recent interview given by the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, and considers it appropriate to provide a response, in order to correct several legal and factual misrepresentations,” the statement read.

“Even though the Commission attempts to demonstrate its position as an institution based on law and neutrality, the substance of the Commission Chair’s own statement reveals a fundamental misapplication of both constitutional principles and judicial directives.”

Abdullahi said the issue raised by the party was not whether Nigeria remained a multi-party democracy, but whether INEC’s actions could weaken opposition parties.

“The question facing Nigerians is not whether Nigeria theoretically remains a multi-party state, but whether INEC’s actions in practice undermine the ability of opposition parties to organize and function freely,” he said.

He also faulted Amupitan’s interpretation of the appellate court’s direction in maintaining the “status quo ante bellum.”

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“This interpretation is selective and legally flawed,” Abdullahi said.

“Preservation orders are, by their nature, intended to prevent actions that could permanently change the subject matter, not to paralyze the internal functioning of political parties.”

The ADC spokesperson said INEC did not have the authority to determine the status quo in the case.

“The chairman’s attempt to define the ‘status quo’ by tracing the controversy to the party’s internal developments in July 2025 is an administrative interpretation that INEC is not authorized to undertake,” he said.

“That determination is entirely within the jurisdiction of the court, not the Commission.”

He added that holding a congress or convention does not cancel the ongoing judicial process.

“The party’s internal processes, which are carried out in accordance with the party constitution and the Election Law, will not be deadly or detrimental during the judicial process,” Abdullahi said.

“The continuation of democracy in a political party is presumed to be based on law unless expressly restricted by a competent court.”

He added that INEC’s role was limited to monitoring the party’s internal processes when notified and did not determine the validity of such activities.

“A party’s decision to continue with its internal processes does not depend on INEC’s participation,” he said.

“By combining its monitoring function with the validity of the process itself, INEC effectively places itself above the law.”

Abdullahi also rejected comparisons with previous election cases, such as those in Zamfara state.

“The cases involve a clear and obvious failure to comply with mandatory legal requirements for primaries,” he said.

“On the contrary, the ADC has demonstrated its commitment to carrying out its processes in accordance with the constitution and the Election Law.”

“The law does not permit administrative agencies to limit constitutional rights based on speculative future outcomes.”

Abdullahi said the ADC would proceed with the congress and convention in accordance with the law.

“Therefore, ADC will continue its activities in full compliance with the law and urge INEC to confine itself to its constitutional and statutory mandates,” he added.