ADC Fires Back at INEC Chairman Over Court Order Interpretation
The African Democratic Congress has issued a forceful response to the Independent National Electoral Commission chairman, accusing the electoral body of acting in contempt of court regarding party congresses and conventions. The political party has categorically rejected claims made by INEC Chairman Professor Joash Amupitan during a recent television interview where he warned that proceeding with internal party activities could violate existing court orders.
Legal Battle Over Party Functions
In a detailed statement released by its national publicity secretary, Mallam Bolaji Abdullahi, the ADC described INEC's position as a wilful distortion of the Court of Appeal's directive to maintain the status quo. The party insists that internal disputes within political organizations do not suspend democratic functions and that it will proceed with its activities in full compliance with Nigerian law.
The African Democratic Congress has carefully reviewed the recent interview granted by the Chairman of INEC and finds it necessary to respond to correct several legal and factual misrepresentations, the statement declared. 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.
Questioning INEC's Interpretation of Court Orders
The ADC specifically challenged Professor Amupitan's interpretation of the Court of Appeal's preservation order, arguing that the electoral commission has overstepped its supervisory role. According to the party, the preservation order is intended to prevent actions that would irreversibly alter litigation subject matter, not to paralyze the internal functioning of political parties.
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, the statement emphasized. That determination lies strictly within the jurisdiction of the courts, not the Commission.
Defending Democratic Processes
The political party further argued that internal party processes conducted according to the party's constitution and the Electoral Act do not extinguish or prejudice pending judicial proceedings. The ADC maintains that democratic continuity within political organizations is presumed under Nigerian law unless expressly restrained by a competent court.
No such explicit order prohibiting congresses or conventions has been cited, the statement noted. What exists are general preservation directives, which cannot be expanded into a blanket prohibition on party governance.
Addressing Monitoring Functions and Internal Disputes
The ADC also challenged INEC's position regarding its monitoring function, stating that the commission's duty to monitor is statutory and triggered upon proper notification. The party emphasized that its decision to proceed with internal processes does not depend on INEC's participation.
Regarding internal party disputes, the statement clarified that the existence of internal disputes does not suspend a political party's constitutional rights. Such disputes are commonplace in democratic systems and are routinely resolved without administrative paralysis, the ADC asserted, adding that INEC's role is not to arbitrate these disputes but to maintain neutrality.
Rejecting Historical Comparisons
The political organization dismissed comparisons to previous cases like Zamfara, arguing that those situations involved clear failures to comply with mandatory legal requirements for primaries. In contrast, the ADC maintains it has demonstrated commitment to conducting processes according to its constitution and the Electoral Act.
Pre-emptively warning of hypothetical judicial consequences amounts to speculation and cannot serve as a legal basis to restrict lawful party activities, the statement declared.
Final Position and Warning
In concluding its response, the African Democratic Congress reiterated that its right to organize congresses and hold its national convention is constitutionally guaranteed and has not been lawfully suspended by any court. The party warned that the interpretation advanced by the INEC chairman risks setting a dangerous precedent where regulatory caution becomes a tool for democratic suppression.
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, the statement concluded, marking a significant escalation in the ongoing tension between the political party and Nigeria's electoral commission.
