The African Democratic Congress (ADC) on Friday rejected claims made by the chairman of the Independent National Electoral Commission (INEC), Joash Amupitan, warning that proceeding with its congresses and convention could violate existing court orders.
The party described the warning as a wilful distortion of the Court of Appeal’s directive to maintain the status quo, insisting that such interpretation amounts to contempt of court.
In a statement by its National Publicity Secretary, Bolaji Abdullahi, the ADC accused INEC of overstepping its boundaries and attempting to halt lawful party processes. It stated that it would proceed with its activities in full compliance with the law and urged the commission to confine itself to its constitutional mandate.
The party maintained that internal disputes do not suspend democratic functions, reaffirming its decision to go ahead with its congresses and convention.
“The African Democratic Congress (ADC) has carefully reviewed the recent interview granted by the Chairman of INEC, Professor Joash Amupitan, and finds it necessary to respond, in order to correct several legal and factual misrepresentations,” the statement said.
It added: “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.
“First, the Chairman’s repeated assertion that INEC is merely acting within the confines of a ‘multi-party constitutional order’ is, with respect, a deflection from the central issue. 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 ADC argued that its concerns were not about the formal existence of multiple parties, but about actions that could weaken opposition participation in practice.
On the Court of Appeal order, the party faulted INEC’s reliance on the doctrine of status quo ante bellum, describing its interpretation as selective and legally flawed.
“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,” it said.
The statement further noted that determining the meaning of “status quo” is strictly within the jurisdiction of the courts, not an administrative body like INEC.
It also rejected the claim that holding congresses or conventions would render proceedings nugatory, insisting that internal party processes conducted in line with the law do not invalidate pending judicial proceedings.
“No such explicit order prohibiting congresses or conventions has been cited. What exists are general preservation directives, which cannot be expanded into a blanket prohibition on party governance,” the party stated.
The ADC also challenged INEC’s position on monitoring party activities, stressing that the commission’s role is statutory and does not determine the validity of internal party processes.
“By conflating its monitoring function with the validity of the processes themselves, INEC effectively places itself above the law, assuming a veto power it does not possess,” it said.
On the issue of internal disputes, the party maintained that such disagreements do not suspend constitutional rights.
“INEC’s role is not to arbitrate these disputes or to freeze party activities pending their resolution, but to maintain neutrality and allow due process to run its course,” the statement added.
The ADC dismissed comparisons with previous cases such as Zamfara, noting that those involved clear violations of legal requirements, unlike its current situation.
“In conclusion, the ADC reiterates that its right to organise congresses and hold its national convention is constitutionally guaranteed and has not been lawfully suspended by any court,” it said.
“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.”
By Friday Olokor
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