The African Democratic Congress (ADC) has sharply rebuked the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, accusing him of overstepping his authority and misinterpreting a court order, while insisting it will go ahead with its planned congresses and national convention.
At the centre of the standoff is a Court of Appeal directive to maintain the status quo, now the subject of sharply differing interpretations, reports Vanguard.
While INEC says it means the party should halt its activities, the ADC argues that the reading is not only wrong but also a dangerous move that could choke the ability of opposition parties to function.
The party made its position known in a statement by its National Publicity Secretary, Mallam Bolaji Abdullahi, in response to comments made by the INEC chairman during this morning interview on ARISE NEWS.
According to the ADC, INEC’s position is a ‘wilful distortion’ of the court’s directive and an attempt to stop lawful internal activities within the party.
“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.”
“That determination lies strictly within the jurisdiction of the courts, not the Commission,” it added.
On concerns that proceeding with its congresses could affect ongoing court proceedings, the ADC dismissed the claim, maintaining that its internal processes are lawful and do not interfere with any case before the courts.
“Democratic continuity within a political party is presumed under the law unless expressly restrained by a competent court,” the statement said, adding that no such order has been issued.
The ADC also rejected the suggestion that INEC’s involvement determines whether its congresses are valid.
“A party’s decision to proceed with its internal processes does not depend on INEC’s participation,” it stated.
Responding to the issue of conflicting communications from factions within the party, the ADC said such disagreements are common in politics and cannot justify halting party activities.
“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.”
“Pre-emptively warning of hypothetical judicial consequences amounts to speculation and cannot serve as a legal basis to restrict lawful party activities,” the statement said.
While INEC has framed its position as a precaution against future legal complications, the ADC argued that such caution does not justify limiting constitutional rights.
“The law does not permit administrative bodies to curtail constitutional rights on the basis of speculative future outcomes,” it added.
Reaffirming its stance, the party said its right to organise congresses and hold its national convention remains intact.
“The ADC will therefore proceed with its activities in full compliance with the law,” the statement said, urging INEC to confine itself to its constitutional mandate.
