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INEC Misinterpreting Court Order, Weakening Opposition – ADC

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The African Democratic Congress, ADC, has blasted the Chairman of the Independent National Electoral Commission, INEC, Prof. Joash Amupitan, over his recent interview.

The national spokesman of the ADC, Bolaji Abdullahi, in a statement on Friday said the substance of Amupitan’s statements reveals a fundamental misapplication of both constitutional principles and judicial directives.

Abdullahi said the INEC boss’ repeated statement that the commission is merely acting within the confines of a multi-party constitutional order is, with respect, a deflection from the central issue.

According to him, 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 organise and function.

The party mouthpiece further explained that the ADC has not alleged the abolition of multi-party democracy in form, noting that it has raised concerns about actions that, in effect, weaken it.

The ADC’s spokesman added that Amupitan’s reliance on the existence of multiple parties as proof of neutrality does not address the specific conduct under scrutiny.

“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,” he said.

Speaking on the issue of the Court of Appeal’s order, Abdullahi said Amupitan placed heavy reliance on the doctrine of status quo ante bellum, suggesting that it requires a rollback to a particular point in time and a suspension of party activities.

The ADC National Publicity Secretary stressed that the interpretation is both selective and legally flawed, adding that the preservation order, by its nature, is intended to prevent actions that would irreversibly alter the subject matter of litigation, not to paralyse the internal functioning of a political party.

The Independent National Electoral Commission, INEC, has reacted to the call made by the African Democratic Congress, ADC, for its Chairman, Prof. Joash Amupitan to resign immediately.

During their World Press Conference in Abuja on Thursday, ADC, through its national Chairman, David Mark called for the sack or resignation of Amupitan, alleging partisan bias.

This was on account of the decision of the Commission to remove the name of the party’s leaders from its portal a decision it described as obedience to a recent Court of Appeal Judgment.

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The Commission said it recognises the right of stakeholders to express their views, but said it was imperative to clarify that INEC is a creation of the Constitution of the Federal Republic of Nigeria.

A statement signed by Adedayo Oketola, the Chief Press Secretary to the INEC Chairman noted that the appointment, tenure, and removal of the Chairman and National Commissioners are strictly governed by Section 157 of the 1999 Constitution (as amended).

“The Chairman does not hold office at the pleasure of any political party or interest group. Any call for removal outside the established constitutional process is not only a distraction but a direct assault on the independence of the nation’s electoral umpire,” it said.

“While a political party or a group is allowed to protect their interest, the Commission decided to comply with the Judgment of the Court of Appeal to avert a situation that occurred in Zamfara State and Plateau State where elected officials were removed by the Election Tribunal on account of the disobedience of Court Judgment.

“In addition, the Commission did not want to disobey the preservative order of the court not to do anything or take any step that would render the processes already filed at the Federal High Court nugatory.

“Proceeding to monitor the congress and convention of the David Mark-led ADC would amount to a disobedience of that order since the relief claimed in the Originating Summons and other court processes filed include an order restraining INEC from monitoring any meeting, congress and convention of the party.

“Additionally, it was only on the 9th of September 2025 that INEC accepted and approved David Mark’s Exco, which was seven days after the matter was filed at the Federal High Court.

“The order to maintain status quo ante bellum means the position of the parties before the beginning of hostilities. It is either that INEC obey the order of the Court of Appeal fully or refuse to obey it. Section 287(2) of the Constitution of Nigeria, 1999 mandates every person and authority in Nigeria not only to obey the Judgment of the Court of Appeal but also to enforce such Judgment.

“Far from undermining the multi-party system, the Commission under Professor Joash O. Amupitan, SAN, has actively expanded the democratic space. The recent registration and recognition of the Democratic Leadership Alliance (DLA), the Nigeria Democratic Congress (NDC) and National Democratic Party (NDP), bringing the total number of active political parties to 22, is an empirical rebuttal to any claim of a one-party agenda. INEC remains a neutral regulator, not a participant in political competition.

“The Commission’s updates to party leadership records are strictly anchored on compliance with subsisting court orders and statutory requirements under the Electoral Act 2026.

“INEC will not be drawn into the internal strife within political parties, nor will it allow itself to be used as a proxy for resolving organisational challenges that belong to the parties themselves, especially when the Court of Appeal has ordered that the matter be granted accelerated hearing.”

The Commission also said that it has noticed an attempt to politicise the planned nationwide Voter Revalidation exercise.

 

The Eastern Updates 

 

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