The African Democratic Congress (ADC) has accused the Independent National Electoral Commission (INEC) of misinterpreting a court of appeal order. It said the commission is overstepping its authority on the party’s planned congresses and convention.
In a statement on Friday, Bolaji Abdullahi, national publicity secretary of the ADC, said INEC lacks the power to halt the party’s internal processes.
His reaction followed comments by Joash Amupitan, INEC chairman. In an interview on Arise Television, Amupitan warned that proceeding with congresses could trigger legal consequences. He said such actions could even lead to the nullification of candidates’ elections.
However, Abdullahi rejected the warning. He said INEC cannot restrict constitutional rights based on speculation.
“The law does not permit administrative bodies to curtail rights on the basis of hypothetical future consequences,” he said.
Furthermore, he insisted that the party retains its full rights.
“The ADC’s right to conduct its internal processes is constitutionally guaranteed and has not been suspended by any court,” he said.
STATUS QUO ANTE BELLUM
Abdullahi also challenged INEC’s interpretation of the court order. He said the commission misread the directive on status quo ante bellum.
According to him, INEC’s position amounts to interference in party affairs.
He explained that the court order aims to prevent irreversible actions. It does not aim to paralyse 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.
Moreover, Abdullahi said only the courts can interpret such orders.
He also dismissed claims that the party’s activities could undermine ongoing cases.
“Internal party processes conducted in line with the law do not extinguish or prejudice pending judicial proceedings,” he said.
In addition, he said no court has issued an order stopping the ADC from holding its congresses or convention.
He stressed that INEC’s role is limited.
He said the commission can only monitor party activities after receiving notification.
It cannot approve or stop them, he added.
“By conflating its monitoring function with the validity of party processes, INEC is assuming powers it does not possess,” he said.
Furthermore, Abdullahi rejected INEC’s reliance on past cases, including Zamfara.
He said the situations are not comparable.
Finally, he maintained that the ADC has complied with its constitution and the Electoral Act.
He said the party will proceed with its plans.
