The African Democratic Congress (ADC) has hit back at the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, accusing him of misrepresenting legal and constitutional principles in his Friday interview on Arise TV.
In a statement posted on the party’s official X handle on Friday, April 3, the ADC said it was necessary to respond to correct what it called “several legal and factual misrepresentations.”
While INEC has maintained that its actions are neutral and grounded in law, the ADC argued that the chairman’s statements reveal “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 organize and function,” the statement read.
The ADC also challenged INEC’s interpretation of a Court of Appeal preservation order, saying the Commission has overstepped its powers.
“On the issue of the Court of Appeal’s order, the Chairman places heavy reliance on the doctrine of status quo ante bellum, suggesting that it requires a rollback to a particular point in time and a suspension of party activities. This interpretation is both selective and legally flawed,” the party said.
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The statement criticised INEC for warning that holding congresses or conventions could “render proceedings nugatory,” describing it as an “overreach.”
The party insisted that internal processes conducted in line with its constitution and the Electoral Act do not prejudice ongoing judicial matters.
“The assertion that INEC is restrained from monitoring congresses due to an injunction equally exposes a critical misunderstanding of its role.
“INEC’s duty to monitor is statutory and triggered upon proper notification. A party’s decision to proceed with its internal processes does not depend on INEC’s participation,” the statement added.
ADC further dismissed comparisons with previous cases such as Zamfara, arguing that those involved clear failures to meet mandatory legal requirements, unlike the ADC, which claims to be complying fully with the law.
“In conclusion, the ADC reiterates that its right to organize congresses and hold its national convention is constitutionally guaranteed and has not been lawfully suspended by any court.
“The interpretation advanced by the INEC Chairman stretches judicial directives beyond their meaning and risks setting a dangerous precedent where regulatory caution becomes a tool for democratic suppression,” the statement said.
The party’s response signals a firm challenge to INEC’s authority over its internal processes, emphasising that democratic rights cannot be curtailed based on administrative caution or speculative legal outcomes.