ADC: Legal Experts Split Over INEC’s Delisting Of Mark, Aregbesola

Amupitan must resign now, says ADC Resignation call, a distraction and assault on INEC’s independence – Chair

Senior lawyers on Thursday expressed divergent views over the decision of the Independent National Electoral Commission (INEC) to remove the name of the national chairman of the African Democratic Congress (ADC), Senator David, and that of  the party’s national secretary, Ogbeni Rauf Aregbesola, from the commission’s website following a pending legal dispute over the party’s leadership.

While some of the lawyers, who spoke exclusively to LEADERSHIP Friday, applauded the electoral umpire for the action, others advised the commission to tread with caution.

The commission had, on Wednesday, delisted Mark and Aregbesola from its website while also refusing to recognise Nafiu Bala, who insists, through a pending legal action, that he is the legitimate chairman of the party.

Although INEC said it took the action based on a court action, the Mark-led ADC yesterday said it had lost confidence in the INEC chairman, Prof Joash Amupitan and called for his resignation alongside the commission’s national commissioners.

But speaking with LEADERSHIP Friday on the matter, Abdul Balogun, SAN, said INEC acted in accordance with the law.

He said the political party should always put its house in order and avoid unnecessary litigation.

The senior lawyer said, “It’s unfortunate that political parties will not learn from their past mistakes. They always repeat the same mistake.

“INEC said it acted in accordance with the law, and if that’s the case, they should allow the law to take its course by allowing the court to decide the case one way or the other”.

Another senior lawyer,  Barrister Paul Arua, asked INEC to maintain its stand as long as it is doing the right thing.

He said as long as there is a subsisting court order, INEC was right to have taken such an action.

The legal practitioner said INEC will not act without a court order directing the parties in the matter to maintain the status quo.

He said political parties usually end up in crisis because they fail to play by the rules, which, in most cases, leads to litigation that can be avoided.

Arua said, “INEC should always maintain its stand on issues that have to do with political parties.

“Most of the parties in the country do not play by the rules; they like to do things their own way rather than adhere to the law.

“If the decision of INEC on this issue will bring sanity to our political system, I think INEC should not back down,” he said.

On his part,  Barrister Ben V. Aham expressed a different view. According to him, INEC may be acting out a script.  To him, the electoral body may be working for the ruling All Progressives Congress (APC).

He wondered why major opposition parties are in crisis so often.

“The APC is the biggest party in the country today. Why is the APC at peace, and opposition parties are in crisis?

“INEC should not allow itself to be used by the APC against the opposition.

“INEC is always swift to take action when it comes to opposition parties while treating issues that affect the APC with kid gloves”, he said.

Constitutional lawyer Andrew Agho called for caution, saying parties should abide by court rulings.

“We can’t afford to go into the 2027 elections with a crisis. INEC should ensure that it remains neutral in its intervention in party politics.

“It should not be seen as being invited into party politics,” he said.

ADC Demands Amupitan’s Resignation

The African Democratic Congress (ADC) has demanded the immediate resignation or sacking of the chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, along with all national commissioners, declaring that it has lost confidence in their ability to conduct credible elections.

The opposition party’s national chairman, Senator David Mark, made this call at a press conference attended by top opposition figures in Abuja on Thursday, including former Vice President Atiku Abubakar and several former governors.

Mark rejected INEC’s decision to withdraw recognition of his leadership and that of the party’s national secretary, Rauf Aregbesola, insisting that the party would proceed with its activities regardless of the commission’s stance.

“There is nothing under the law that makes INEC’s attendance a mandatory requirement. We have duly served INEC notice, and we will proceed accordingly,” he said.

The former Senate president urged the international community to take note of what he described as a threat to Nigeria’s democracy.

“We urge them to recognise the clear threat to Nigeria’s democracy and stability, and to hold accountable those who are undermining the integrity of the electoral process,” he said, even as he urged Nigerians to defend democratic values.

“This is a defining moment. Stand Wfirm. Speak out. Participate. Resist any attempt to impose a one-party state on Nigeria,” he said.

On the nation’s political future, he accused the ruling party of working toward a predetermined outcome in the 2027 elections.

“The agenda is very clear—to create a situation where, in 2027, President Bola Ahmed Tinubu emerges as the only option left for the people,” he stated.

He further contended that worsening poverty and insecurity were consequences of governance failures.

“They know Nigerians will vote them out. This is why they would do anything to hang on to power by hook or crook.”

Mark maintained that the ADC leadership emerged through due process, recalling that a National Executive Committee (NEC) meeting held on July 29, 2025, and monitored by INEC, dissolved the previous leadership and installed a caretaker committee.

“In addition to witnessing this process, a formal report was communicated to INEC, and on September 9, 2025, the commission uploaded the names of the new leadership,” he said.

He dismissed rival claims to the party’s leadership, noting that Nafiu Bala had resigned before instituting legal action.

“There are no competing claims on the leadership of the ADC. Nafiu Bala has no locus whatsoever,” Mark said.

He accused INEC of misinterpreting a Court of Appeal directive to maintain the “status quo ante bellum,” arguing that the commission had “invented a status quo that never existed.”

“What INEC has done is to create a situation that leaves the ADC without leadership. This cannot be the status quo directed by the court,” he said.

Declaring that the electoral body had compromised its neutrality and warned of consequences.

“The electoral umpire has taken sides. It can no longer be trusted. This INEC will be held directly responsible for whatever actions or reactions follow this path,” Mark stated.

I Won’t Resign – Amupitan

But responding to ADC’s call, the chairman of the Independent National Electoral Commission (INEC), Professor Joash O. Amupitan, dismissed calls for his resignation, describing the agitation as a distraction from the Commission’s constitutional responsibilities.

Amupitan’s position follows recent criticisms by opposition political parties which accused the Commission of partisanship and demanded his removal over INEC’s decision to comply with a Court of Appeal judgement by de-recognizing Senator David Mark as ADC national chairman and Rauf Aregbesola as its national secretary.

In a statement issued yesterday, the Commission maintained that such calls are unconstitutional, noting that the appointment and removal of the INEC chairman are governed strictly by Section 157 of the 1999 Constitution (as amended), and not subject to political pressure.

INEC explained that its actions were driven by the need to obey subsisting court orders and avoid a repeat of past incidents in states such as Zamfara and Plateau states, where electoral victories were nullified due to disobedience of judicial pronouncements.

The Commission also clarified that it acted in line with a court order restraining it from monitoring the activities of a faction of the African Democratic Congress (ADC), stressing that any contrary move would have amounted to a contempt of court.

On the controversy surrounding the leadership of the ADC, INEC stated that its decision to withdraw recognition of the David Mark-led faction was based on ongoing legal processes and existing court directives.

It added that it would not interfere in internal party disputes, especially as the Court of Appeal had ordered accelerated hearing in the matter.

Amupitan further rejected claims that the Commission was undermining Nigeria’s multi-party democracy, pointing to the recent registration of new political parties as evidence of its neutrality and commitment to democratic expansion.

The Commission also addressed concerns over the planned nationwide voter revalidation exercise, clarifying that the process predates the current leadership and is aimed at improving the integrity of the voter register.

According to INEC, the exercise will help address issues such as multiple registrations, transfer irregularities, and the inclusion of deceased persons in the register.

It stressed that the revalidation is an administrative audit, not a fresh voter registration, and will be conducted nationwide in phases with both physical and digital participation options.

INEC assured Nigerians that it remained focused on preparations for the forthcoming governorship elections in Ekiti and Osun states scheduled for June and August 2026, respectively.

Reaffirming its commitment to neutrality, the Commission said all its decisions are guided by the Constitution, the Electoral Act 2026, and the rule of law, with the goal of ensuring credible elections.

But in its reaction, the ruling All Progressives Congress (APC) dismissed ADC’s claims, blaming the opposition party for its predicament.

APC National Publicity Secretary Felix Morka described INEC’s action as lawful and justified, accusing the ADC of mismanaging its internal affairs.

“INEC’s decision is valid in law, justified in fact, and consistent with electoral policy and democratic practice. The ADC is the architect of its own misfortune,” Morka stated.

According to him, the crisis stemmed from the manner in which the Mark-led leadership emerged.

“When its factional leadership… hijacked the party in violation of its constitutional stipulations, the ADC set its own date with destiny,” he said, as he questioned the party’s leadership capacity.

“A party that cannot fix itself cannot possibly fix Nigeria,” he concluded.

PDP Raises The Alarm

Another major opposition party, the Peoples Democratic Party (PDP) yesterday cautioned the electoral umpire, INEC, and other institutions against actions that could escalate political tension.

In a statement, the party warned that recent developments could undermine democracy in the country.

“INEC has further heightened the already tense political atmosphere through its de-recognition of the ADC leadership,” it said.

The PDP also raised concerns about a perceived pattern in the commission’s decisions.

“It is troubling that INEC’s default interpretation… appears to favour an uncontested election,” the party stated.

It urged national institutions to act in the country’s interest.

“They must place the interests of democracy above all else,” it added.

Kachikwu faults ADC leadership crisis

Former ADC presidential candidate, Dumebi Kachikwu, also weighed in with an opinion on the matter, criticising both INEC’s decision and the internal crisis within the party.

He described the situation as self-inflicted.

“The current actions have made that pathway practically impossible for aspirants in 2027,” he said.

Kachikwu alleged that recent developments were driven by political opportunism rather than ideology, warning that the crisis could drag on in court and stall party activities.

Utomi group threatens protests

In Lagos, a group led by Prof. Pat Utomi has also demanded the resignation of the INEC chairman and threatened nationwide protests.

The group described the commission’s decision as an attempt to weaken opposition parties ahead of the 2027 elections.

“INEC… is poised to disenfranchise and exclude legitimate contestants from the ballot,” Utomi said.

He questioned the implication of the decision on aspirants, asking: “Where does this leave all the aspirants of one of the largest opposition parties?”

The group warned of mass action, declaring plans for “nationwide mobilisation for resistance” against what it described as growing electoral manipulation.

As the controversy deepens, political observers say the unfolding dispute could shape the trajectory of opposition politics and electoral credibility ahead of the 2027 general elections.Constitutional lawyer, Andrew Agho, called for caution and said parties should abide by court rulings.

He said in spite of INEC saying it is acting on a court order, it should maintain its neutrality in accordance with law that established it.

“We can’t afford to go into the 2027 elections with crisis. INEC should ensure that it remains neutral in its intervention in party politics.

“It should not be seen as being invited into party politics,” he said.