The African Democratic Congress (ADC) has accused the Independent National Electoral Commission (INEC) of misinterpreting a court of appeal order and overstepping its authority in its position on the party’s planned congresses and convention.
In a statement on Friday, Bolaji Abdullahi, national publicity secretary of the ADC, said the commission lacks the power to halt the party’s internal processes.
The statement followed comments by Joash Amupitan, INEC chairman, who warned in an interview on Arise Television that proceeding with congresses could lead to future legal consequences, including the possible nullification of candidates’ elections.
Responding, Abdullahi said INEC cannot restrict constitutional rights based on speculative outcomes.
“The law does not permit administrative bodies to curtail rights on the basis of hypothetical future consequences,” he said.
He insisted that the party’s right to organise congresses and hold a national convention remains intact.
“The ADC’s right to conduct its internal processes is constitutionally guaranteed and has not been suspended by any court,” he said.
Abdullahi said INEC’s interpretation of the court’s directive on status quo ante bellum is legally flawed and amounts to an attempt to interfere in the internal affairs of a political party.
He said the preservation order issued by the court is meant to prevent irreversible actions, not to paralyse the functioning of a political party.
“The attempt to define the ‘status quo’ by tracing it to internal party developments is an administrative interpretation that INEC is not empowered to make,” he said.
Abdullahi added that only the courts have the authority to determine the meaning and scope of such orders.
He also rejected the claim that conducting congresses or a national convention would render ongoing court proceedings nugatory.
“Internal party processes conducted in line with the law do not extinguish or prejudice pending judicial proceedings,” he said.
The ADC spokesman said no court has issued a direct order restraining the party from holding its congresses or convention.
He argued that INEC’s role is limited to monitoring party activities upon notification and does not extend to approving or stopping them.
“By conflating its monitoring function with the validity of party processes, INEC is assuming powers it does not possess,” he said.
Abdullahi also dismissed the commission’s reliance on past cases such as Zamfara, saying the circumstances are not comparable.
He said the ADC has complied with its constitution and the Electoral Act in planning its activities.
