Derecognition: ADC Petitions INEC, Demands Amupitan’s Resignation
The African Democratic Congress (ADC) has filed and submitted a petition against the chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, calling for his...
The African Democratic Congress (ADC) has filed and submitted a petition against the chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, calling for his resignation from office for showing partisanship by derecognising the party.
A delegation from the party—headed by the former governor of Osun State and the general secretary of the David Mark-led faction—visited INEC headquarters in Abuja to submit their petition. Professor Abdullahi Zuru, the INEC National Commissioner, received it.
The petition was submitted to the electoral body following a peaceful protest led by former vice president Atiku Abubakar, former presidential candidates Rabiu Kwankwaso and Peter Obi, which marched from Maitama Junction to the INEC headquarters in the Maitama District of the Federal Capital Territory (FCT).
Others present at the protest include the party’s factional national chairman, David Mark; national secretary, Rauf Aregbesola; Aminu Tambuwal, a serving senator; Rotimi Amaechi; and former senator Dino Melaye.
The party’s grouse against the electoral commission is regarding the recent announcement made by INEC that it would discontinue the recognition of the ADC last week to comply with the ruling of the Court of Appeal that directed the parties to the suit at the Federal High Court, including INEC, to maintain the status quo ante bellum pending the determination of the leadership crisis in the opposition party.
The lawsuit emanated from Mr Nafiu Bala, who challenged David Mark’s emergence as the party’s national chairman following the resignation of Ralph Nwosu from the position. Mr Bala insisted that he was supposed to assume leadership of the party after Mr Nwosu’s resignation, in line with the party’s constitution.
While the case was still pending in the Federal High Court, Senator David Mark’s camp filed an interlocutory appeal before the Federal High Court’s decision, which was denied by the Court of Appeal. The dismissal also ordered all parties to maintain the status quo pending the lower court’s ruling on the substantive suit.
To comply with the order, INEC said it would not deal with both factions of the party until the Federal Court rules on the matter. While responding to the development, INEC chairman, Professor Amupitan, in an exclusive interview on National Television, said, “The court also ordered that parties should maintain status quo ante bellum and should not do anything that will foist a fait accompli on the trial court or render the proceedings nugatory.”
INEC’s decision came when the ADC was already planning to hold its national convention, as some state chapters of the party were already planning to have their congresses, making all the processes around the future of the party ahead of the 2027 general elections on hold.
Against this backdrop, the leadership of the David Mark-led faction of the ADC, in their petition, condemned the INEC chairman’s decision, stating that it has compromised his stay in office as chairman of the electoral commission.
The faction also insisted that the INEC chairman was not supposed to make himself the interpreter of judicial pronouncements. “This is wholly unacceptable. The interpretation of court judgements is the exclusive preserve of the judiciary. For the Chairman of INEC to publicly offer partisan constructions of legal outcomes in a manner that appears to favour a particular individual amounts to a serious constitutional breach and affront to the doctrine of separation of powers.”
“Your conduct, taken together with INEC’s earlier correspondence to the African Democratic Congress (ADC), reinforces the perception that the Commission under your leadership has abandoned neutrality and has instead aligned itself with factional interests. This is not only improper, but it is also dangerous for the credibility of our electoral system.
Furthermore, it is a matter of record that the individual in question attended the National Executive Committee (NEC) meeting of the ADC at which the National Working Committee (NWC), led by Chief Ralph Nwosu, of which he was a member, was duly dissolved. Having participated in that decision, any subsequent action of his former authority, position, or signature is fundamentally flawed, contradictory, and devoid of legal credibility.
INEC’s posture in this regard raises fundamental questions about bias and institutional overreach.
INEC is not a court of law. It is not an advocate. It has no mandate to interpret judgments to suit a preferred narrative. Its duty is clear: to act strictly within the bounds of the Constitution and the law, respond with absolute neutrality and professionalism,” the statement partly reads.
The commission has not responded to the petition, and a new group claiming ADC leadership appeared on Tuesday.
At a press conference in Abuja, some state chairmen of the party and its other senior members loyal to its presidential candidate in the 2023 election, Dumebi Kachikwu, backed INEC’s decision to stop dealing with Mark and Bala’s factions.
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