The former Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay (SAN), has picked holes in the decision of the Independent National Electoral Commission (INEC) to de-recognise the David Mark leadership of the opposition African Democratic Congress (ADC).
Following the ruling of the Abuja Division of the Court of Appeal directing parties in the leadership crisis rocking the ADC to maintain status quo ante bellum (“the state existing before the war”), the electoral commission had announced its decision to stop honouring correspondence from the Mark-led executive of the party, pending the determination of the suit before the Federal High Court sitting in Abuja.
However, reacting to the development in a telephone interview with New Telegraph, the legal scholar expressed “dismay”, warning that the action could create the impression that INEC was allegedly working to “eliminate” strong opposition to the ruling All Progressives Congress (APC).
The elder statesman further argued that the outcome of an election in which strong contenders were “eliminated” before the exercise proper, will have credibility crisis. Responding to a question, Sagay said: “It will be very difficult for me to give a view, because of that.
But, within that ruling, if there is a clear order there that the leadership of the African Democratic Congress should not be recognised, as the correct leadership of the ADC, pending the hearing of the main case, then, of course, INEC will not have a choice. I have not seen the ruling”. When told that the appellate court ordered that status quo ante bellum be maintained, he responded: “The David Mark leadership is the status quo; they are the recognised leadership.
“They took over from the former leadership, which voluntarily surrendered their leadership to David Mark. “So, they are the status quo. So, I don’t understand why INEC should derecognise them”. Asked if INEC may have acted ultra vires, having regard to his submission, the renowned constitutional lawyer answered thus: “I don’t even want to go legal. I want to go political, the rationale, and the acceptable in our circumstances.
“The impression they are giving now is that they want to eliminate a strong challenge to the APC. “And we need elections in which Nigerians believe that the best have contested. And the very best has won. “And that will give us confidence in our democracy. “If you begin to eliminate a competitive group of people to the ruling party right from the beginning, you are creating a one-party state, and people will begin to lose confidence and interest in that process).
It won’t be a real democracy. “Personally, I feel dismayed about what INEC is doing. Because, it seems they feel that a strong opposition should not be allowed to contest. “That is the impression they are creating, and that will be very sad.” He recalled that: “When in 2015, APC contested against the ruling PDP, nobody will reject any APC leadership. In fact, people, governors even transferred from PDP to APC.
“A lot of powerful people: Buhari, Tinubu; powerful people were in APC; nobody eliminated their leadership. “So, when they won, everybody knew that they deserved victory; and we were all happy. “But, if you eliminate the rivals before elections, the outcome of that election will not be credible”.
