Professor Joash Amupitan (SAN) the Chairman of the Independent National Electoral Commission (INEC), has warned the African Democratic Congress (ADC) that holding its planned congresses and national convention without INEC supervision could lead to the invalidation of its elections and grave legal consequences.
He issued the warning on Friday, April 3, 2026 while on air at Arise following a leadership crisis within the ADC which recently led to removal of the names of Senator David Mark and Rauf Aregbesola – National Chairman and Secretary respectively – by INEC from its portal, following a court ruling related to a challenge by a faction led by Nafiu Bala Gombe.
Amupitan emphasized that the commission’s refusal to monitor the events is based on a subsisting court order.
He cautioned that proceeding without oversight may render any outcomes, including the election of new leaders, legally nugatory.
He stated that INEC is bound by a court directive to maintain the status quo and avoid any actions that could undermine ongoing legal proceedings regarding the party’s leadership.
Because of these legal constraints, INEC has indicated it will not send observers to the ADC’s events, which are scheduled to begin on April 9, 2026.
“So if they are going ahead with their congress, with their convention, it’s left for them to look at it, whether it is in contravention of the court. INEC didn’t just take a decision. We didn’t just wake up one day and took this decision. There was something that led to it. There was an order of court,” he said.
According to him, the court had directed parties not to take actions that could undermine ongoing proceedings.
“Don’t do anything. Don’t take any step that will render any proceeding before the court nugatory,” Amupitan stated.
He explained that the issue of conducting congresses and conventions is already part of a pending legal process.
“So, if already they are asking that don’t do any congress, don’t do any convention, it is a relief that is being claimed. And especially they filed a motion for that purpose, that motion has not been determined,” he added.
The INEC chairman warned that disregarding court orders could have serious consequences, citing past electoral precedents.
“Let me tell you what happened in Zamfara. It happened in the past. 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 again will come and declare the election invalid. And the implication is that the person with the second highest number of vote will be declared the winner,” he said.
He also referenced a similar situation in Plateau State, where failure to comply with court directives affected electoral outcomes.
“It happened in Plateau State during the last election… failure to obey the court order has consequences,” Amupitan noted.
While maintaining that the ADC is free to act as it chooses, he emphasised that INEC would not risk repeating past mistakes.
“They are at liberty to do whatever they want to do, but INEC do not want to go into this situation again,” he said.
The David Mark-led faction has however vowed to proceed with the convention, arguing that INEC’s attendance is not a mandatory legal requirement for the validity of their internal programmes.
In response to INEC’s stance, ADC leaders have called for Amupitan’s resignation, accusing him of partisanship and “criminal” misinterpretation of court orders.
