*Conduct It, Whatever You See, You Take -INEC
*You Misinterpret Court Order To Weaken Opposition Parties -ADC
To the leadership of African Democratic Congress (ADC), led by former Senate President David Mark, Independent National Electoral Commission (INEC) Chairman, Professor Joash Amupitan issued a warning not to proceed with its planned national convention on 14 April.
Speaking during an interview on Arise News, Prof. Amupitan said that if the ADC went ahead with the convention, which it had vowed to hold, its fate would not be dissimilar to the 2019 Zamfara governorship election.
The Zamfara scenario saw the winner of the election being removed by the court, and the candidate with the second-highest vote was declared winner.
Recall that last Wednesday, INEC had withdrawn recognition of the ADC leadership following a court order which mandated the feuding personalities in the main opposition party to maintain status quo ante bellum.
But, at a press conference, Mark insisted that no such order existed and declared that the party would proceed with the convention with or without INEC’s endorsement, arguing that no constitutional provision offers the electoral umpire such leverage.
At Arise News, asked about the implications of proceeding with the convention, Amupitan cautioned the ADC against the bid.
He said: “If they decide to go ahead, let me tell you what happened in Zamfara; it happened in the past.
“At the end of the day, after you have won, the court will declare the election invalid and the implication is that the person with the second-highest number of votes will be declared the winner. It happened in Plateau state.”
He added: “Failure to obey the court order has consequences. They are at liberty to do whatever they want to do, but INEC doesn’t want to face a situation again where there is an order not to do anything or take any steps. I have the judgment here, and I can read it to you. It is very definite.”
INEC Misinterpreting Court Order, Weakening Opposition –ADC
Firing back, ADC picked holes in the INEC Chairman’s defence.
National spokesman of ADC, Bolaji Abdullahi, in a statement on Friday said the substance of Amupitan’s statements reveals a fundamental misapplication of both constitutional principles and judicial directives.
Abdullahi said the INEC boss’ repeated statement that the commission is merely acting within the confines of a multi-party constitutional order is, with respect, a deflection from the central issue.
According to him, 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 organise and function.
The party mouthpiece further explained that the ADC has not alleged the abolition of multi-party democracy in form, noting that it has raised concerns about actions that, in effect, weaken it.
The ADC’s spokesman added that Amupitan’s reliance on the existence of multiple parties as proof of neutrality does not address the specific conduct under scrutiny.
“While the Commission seeks to present its position as one anchored in law and neutrality, the substance of the Chairman’s own statements reveals a fundamental misapplication of both constitutional principles and judicial directives,” he said.
Speaking on the issue of the Court of Appeal’s order, Abdullahi said Amupitan placed 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.
The ADC National Publicity Secretary stressed that the interpretation is both selective and legally flawed, adding that 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.
*PHOTO CAPTION: Amupitan (r) and Mark.
