Says INEC Chair Acting in Contempt of Court
The African Democratic Congress (ADC) has pushed back strongly against comments made by the Chairman of the Independent National Electoral Commission (INEC), Joash Amupitan, during a Friday morning interview on ARISE NEWS. In the interview, he warned that the party’s planned congresses and convention could run afoul of existing court orders.
In its response, the ADC described the remarks as a misreading of the Court of Appeal’s directive to maintain the status quo. It argued that such an interpretation not only distorts the intent of the court but also risks placing the electoral body in conflict with the judiciary.
The party said it found it necessary to respond in detail, pointing to what it called significant legal and factual inconsistencies in the INEC Chairman’s position. While acknowledging the Commission’s claim of acting within constitutional bounds, the ADC maintained that the reasoning presented falls short of established legal standards.
According to the party, the issue at stake goes beyond abstract references to Nigeria’s multi-party system. Rather, it concerns whether regulatory actions are, in practice, limiting the ability of opposition parties to organize and function effectively. Simply pointing to the existence of multiple political parties, it argued, does not resolve concerns about fairness or neutrality.
The ADC also took issue with the interpretation of the Court of Appeal’s order. It noted that the doctrine of status quo ante bellum, as cited by the INEC Chairman, is meant to preserve the subject of litigation not to bring party activities to a standstill. The party insisted that defining what constitutes the “status quo” is a judicial function, not one that falls within INEC’s administrative authority.
On the claim that holding congresses or conventions could render court proceedings nugatory, the ADC was equally firm in its rejection. It maintained that internal processes carried out in line with the party’s constitution and the Electoral Act do not undermine ongoing litigation. On the contrary, it argued, the law assumes continuity in party operations unless a court expressly orders otherwise.
The statement emphasized that no such specific restriction has been issued. Existing directives, it said, are general preservation orders and cannot reasonably be interpreted as a blanket prohibition on internal party governance.
Reaffirming its position, the ADC said it would proceed with its scheduled congresses and convention, while remaining fully compliant with the law and respectful of judicial authority.
It concluded with a caution to INEC, urging the Commission to avoid statements or actions that could be seen as prejudicial. The party stressed that regulatory bodies must operate strictly within their constitutional limits in order to sustain public confidence in the democratic process.
