The African Democratic Congress (ADC) has accused the Independent National Electoral Commission (INEC) of undermining the ability of opposition parties to freely organise and function.
The party, which reacted to an interview by INEC Chairman, Prof. Joash Amupitan, on national television on Friday morning, said the commission has through its action, weakened opposition parties.
“The Chairman’s reliance on the existence of multiple parties as proof of neutrality does not address the specific conduct under scrutiny,” ADC added.
ADC, in a statement issued by the National Publicity Secretary, Mallam Bolaji Abdullahi, accused Prof. Amupitan of using the doctrine of status quo ante bellum to suspend party activities, alleging “Selective and legally flawed” interpretation.
“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,” ADC argued.
The party contended that by trying to define the “status quo” by tracing the controversy to internal party developments in July 2025 is an administrative interpretation that INEC is not empowered to make.
“That determination lies strictly within the jurisdiction of the courts, not the commission,” the statement added.
It described as an overreach, Prof. Amupitan’s claim that if ADC goes ahead to hold its congresses or conventions would render proceedings nugatory.
The argued that “internal party processes, conducted in line with the party’s constitution and the Electoral Act, do not extinguish or prejudice pending judicial proceedings.
“On the contrary, democratic continuity within a political party is presumed under the law unless expressly restrained by a competent court.
“No such explicit order prohibiting congresses or conventions has been cited. What exists are general preservation directives, which cannot be expanded into a blanket prohibition on party governance.”
According to the ADC, INEC claim that it is restrained from monitoring its congresses due to an injunction exposes a misunderstanding of its role.
The party stated that INEC’s duty to monitor party congresses is statutory based on proper notification, adding that a party’s decision to proceed with its internal processes does not depend on INEC’s participation.
It added that INEC’s role is not to arbitrate party disputes or to freeze party activities pending their resolution, but to maintain neutrality and allow due process to run its course.
ADC said there is no comparison with the case in Zamfara State in 2019 where the victory of All Progressives Congress (APC) governorship and lawmakers-elect was annulled by the court, pointing out that “those cases involved clear and established failures to comply with mandatory legal requirements for primaries.
“In contrast, the ADC has demonstrated its commitment to conducting its processes in strict accordance with its constitution and the Electoral Act.
“Pre-emptively warning of hypothetical judicial consequences, as the Chairman has done, amounts to speculation and cannot serve as a legal basis to restrict lawful party activities.”
