INEC Wrong To De-recognise David Mark-led ADC Leadership’, Says Ex-INEC Director

A former director in the Independent National Electoral Commission (INEC), Barr. Oluwole Osaze-Uzzi, has faulted the commission’s de-recognition of the David Mark-led leadership of the African Democratic Congress (ADC), insisting that the Opposition party should go ahead with its planned congresses despite its ongoing leadership dispute before the court.

Speaking during an interview on ARISE News on Friday, Osaze-Uzzi said while he held the leadership of INEC in high regard, he had serious reservations about the commission’s interpretation of the Appeal Court order at the centre of the ADC leadership tussle.

Osaze-Uzzi, who was a INEC director of Voter Education and Publicity, argued that the order in question was not one that stripped either side in the crisis of legitimacy, but rather one that sought to preserve the subject matter of the case pending final determination by the High Court.

“Because the court did not say that INEC will withdraw recognition from either faction. All it did say is that both INEC and the contesting factions will be careful not to do anything that will usurp the power of the court and its ability to do justice on the matter,” he stated.

“I think the ADC should proceed with all that they are doing, as long as they do not impugn the majesty of the court and its ability to do justice on the case,” Osaze-Uzzi said.

According to him, the court did not direct INEC to withdraw recognition from either of the contending factions in the party, but only cautioned all parties against taking any step that could undermine the authority of the court or frustrate the judicial process.

“The chairman of the commission is a respected academic, a lawyer, a Senior Advocate of Nigeria, so he has reached the highest recognition in the academia and in the legal profession as a senior advocate,” Osaze-Uzzi said.

He added, “There is also a vibrant legal department in the commission that can boast of three to four senior advocates. I want to believe they carefully studied that judgement, but in its interpretation and interpolation of that order, I have a reservation about that.”

Osaze-Uzzi also dismissed suggestions that any congress or convention held without the physical presence of INEC officials would automatically be invalid, stressing that the Electoral Act does not make the commission’s attendance a condition for the legality of a party’s internal exercise.

“Whether INEC attends the convention or not does not invalidate the congress and the outcome,” he said.

Explaining further, he said what the law requires is that the electoral commission must be notified ahead of such party activities, not necessarily that it must be present before the decisions taken can stand.

“What the Electoral Act says is that you will notify INEC at least 21 days to your convention. If you do that, INEC has the power to attend by itself and validate what goes on there,” he added.