Femi Ashekun/

The Chairman of the Independent National Electoral Commission, Professor Joash Amupitan, has delivered a blunt and consequential warning to the African Democratic Congress over its insistence on proceeding with party conventions and primaries despite being derecognised by the Commission following a subsisting court order.

Speaking on ARISE TV, Amupitan addressed the specific controversy surrounding the Commission’s refusal to recognise the David Mark-led leadership of the party, stressing that INEC’s position is anchored strictly on the directive of the Court of Appeal.

The ADC faction has signalled plans to forge ahead with its internal processes in a bid to meet timelines for participation in the off-cycle governorship elections in Osun State and Ekiti State, but the INEC chairman warned that such a move carries grave legal consequences that could ultimately nullify any electoral gains.

“If they decide to go ahead, let me tell you what happened in Zamfara,” Amupitan said. “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.”

He emphasised that INEC would not be drawn into actions that contradict judicial orders, regardless of political pressure or electoral timelines.

“Failure to obey court order has consequences. They have liability 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,” he said, adding, “I have the judgment here, and I can read it to you, it is very definite.”

The Commission’s position places the ADC in a precarious situation, as any convention, primary or candidate produced outside INEC’s recognition framework risks being deemed invalid from the outset, potentially locking the party out of the Osun and Ekiti contests or exposing it to post-election litigation that could overturn victories.

To underscore the weight of the risk, Amupitan pointed to the far-reaching precedent set in Zamfara State. In that case, the All Progressives Congress won across all levels, governorship, National Assembly, and State Assembly, under the administration of Muhammadu Buhari.

However, the Supreme Court nullified all the victories over defective primaries, declaring the votes “wasted votes” and awarding the mandates to runners-up.

He also referenced a similar judicial outcome in Plateau State, reinforcing a pattern in which procedural non-compliance at the party level can invalidate entire electoral outcomes.

The ADC’s determination to proceed, driven by the urgency of meeting electoral deadlines, now sets up a high-stakes confrontation between political expediency and legal compliance, with INEC making clear it will stand firmly on the side of the law.

The unfolding dispute is expected to test the resilience of Nigeria’s electoral framework, particularly the extent to which political actors are willing to subordinate internal ambitions to binding judicial authority.

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By Editor

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