By Sabiu Abdullahi
The Independent National Electoral Commission (INEC) has cautioned the African Democratic Congress (ADC) against proceeding with its planned congress and convention in violation of a subsisting court order.
The commission warned that any action taken in disregard of the court directive could attract serious legal consequences, including possible disqualification from future elections.
INEC Chairman, Professor Joash Amupitan (SAN), made this known during an interview on Arise News on Friday. He stated that the commission is already involved in the legal dispute affecting the party, as it has been joined as a defendant in the case.
“As far as we are concerned, INEC is a party in the case and INEC was sued as a defendant by a member of the ADC.
“Secondly, the court is very clear that parties, including David Mark himself, should refrain from doing anything that will fuel the situation of inter-complaints in the court.”
He stressed that the party must consider the implications of its decision in relation to the existing court ruling.
“If they are going ahead with their congress, with their convention, it is left for them to look at it, whether it is in contravention of the Court of Appeal.
“INEC did not just take a decision. We didn’t just wake up one day and take the decision. There was something that led to it.
“There was an order of court not to do anything or take any step that would render any proceeding in court negatory, and also put the trial court in a situation of helplessness of inter-complainants.”
Amupitan explained that the matter of the congress and convention is already before the court. He warned that taking steps before the court reaches a decision could affect the judicial process.
“So, if already they asked not to do any congress and convention, it is a relief that is being claimed, essentially the file in motion for that purpose which has not been determined,” he said.
He also referred to past cases in Zamfara and Plateau states, where political parties suffered setbacks after failing to obey court orders.
“If they decide to go ahead with their congress and convention, let me tell you what happened in Zamfara,” he said.
“It has happened in the past, and we don’t want to conduct an election without this early warning, and at the end of the day, after you have won, the court will again declare your election invalid.
“The implication is that the person with the second highest number of votes will be declared a winner. It happened in Plateau State during the last election where the question of primaries was an issue.
“Congresses were not held in some parts of Plateau state. The court said, go and do those primaries.
“Unfortunately, they did not obey the court order. Failure to obey the court order has consequences.”
The INEC chairman added that while the ADC is free to make its own decisions, the commission will not take any step that could violate a court order or interfere with the case.
“They are at liberty to do whatever they want to do but INEC will not want to go into a situation where there is an order of don’t do anything, don’t take any step,” he said.
“The judgment is very definite. If I proceed to monitor their convention, it means I’m taking steps that will affect the subject matter pending before the court.”
Earlier in the week, INEC announced that it had suspended recognition of the faction of the ADC led by former Senate President, Senator David Mark, based on a court ruling. The commission also removed the names of the party’s leaders from its portal and replaced them with the note, “By court order.”
In response, the ADC called for the immediate resignation of the INEC chairman. The party accused the commission of bias and alleged that it was undermining Nigeria’s democracy ahead of the 2027 general elections.
Speaking in Abuja, Senator David Mark criticised the decision to withdraw recognition from the party’s leadership. He said the ADC no longer has confidence in the commission.
He insisted that the party would continue its internal activities in line with the law. He also called on the international community to monitor developments within Nigeria’s electoral system, warning that recent actions by INEC could threaten democratic stability.
