INEC had no legal basis to shun ADC convention — all conditions were met –
INEC had no legal basis to shun ADC convention — all conditions were met –
Rauf Aregbesola, national secretary of the African Democratic Congress (ADC), says the Independent National Electoral Commission (INEC) had no legitimate grounds to shun the party’s national convention.
Aregbesola made the remarks at the ADC national convention held at the Rainbow Event Centre in Abuja on Tuesday.
DERECOGNITION
Prior to the convention, INEC and the David Mark-led leadership of the ADC had been locked in a dispute following the commission’s April 1 de-recognition of factions within the party.
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INEC had maintained that it would no longer engage with any faction of the party or participate in their activities.
The commission anchored its position on a March 12 judgment of the court of appeal, which directed that the status quo be maintained in the leadership crisis rocking the party pending the determination of suits before the federal high court.
However, the Mark-led ADC rejected INEC’s stance, accusing the commission of partisanship and alleging that it was taking sides with the All Progressives Congress (APC) in a bid to impose a one-party system on Nigeria.
‘ADC BEING TREATED LIKE A PROSCRIBED PARTY’
Aregbesola emphasised that the party had fulfilled all legal requirements, leaving INEC with no justification for its absence.
“We have discharged the responsibility required of us, and at this point, it is the duty of INEC to equally discharge its own constitutionally and lawfully assigned responsibility by attending and monitoring this convention. It’s a duty,” he said.
“The decision of INEC to refuse to attend and monitor our convention amounts to a dereliction of duty, bordering on a dangerously partisan outlook aimed at unlawfully delegitimising the otherwise legitimate actions of our party, the ADC.”
Citing provisions of the Electoral Act, Aregbesola maintained that the only condition that could invalidate a party’s convention is failure to notify the commission.
“The only condition that would warrant a congress or convention of a party to be invalid is contained in Section 82, Subsection 6 of the Electoral Act 2026,” he said.
“Failure of a party to notify the commission as stated in Sections 1 and 2 shall render the primaries, convention, congress, and congresses invalid.”
Aregbesola insisted that the ADC complied fully with all statutory requirements ahead of the convention.
“We are equally required to supply INEC in advance with the list of committees to conduct the congresses and convention,” he said.
“And we are equally required by the law to give INEC soft and hard copies of the registers of our members 21 days before then. So on the 17th of March, we met all the conditions… all the conditions.”
He also relayed that the party formally communicated with the commission and obtained acknowledgment.
“This is the second letter conveying that. The letter was written by me, signed by the chairman and myself on the 16th, delivered and acknowledged by INEC on the 17th of March. This is it. Media, capture it… so INEC has no hiding place,” he added.
The ADC scribe argued that having fulfilled the notification requirements under the law, there was no justification for INEC’s action.
“Since ADC has already given the required notice as stated in Section 82, Subsections 1 and 2, there is no other legitimate ground that INEC can rely on to refuse monitoring our convention,” he said.
The ex-governor of Osun alleged that the commission’s stance suggested a deliberate attempt to weaken the party.
“Except if INEC, as it has become apparent, is on a voyage to destroy ADC, to pave way for APC to coast to victory without any serious challenge,” Aregbesola added.
He also faulted INEC’s reliance on a court ruling, insisting that it did not bar the commission from monitoring the convention.
“Hiding under the court of appeal, which did not make any reference to attending or monitoring the ADC convention, amounts to INEC assuming the role of a court, which it is not,” he said.
Aregbesola reiterated that the ADC remains duly registered and operational.
“We wish to remind INEC that ADC remains a registered political party, with registered members and structures from the polling unit level up to the national level. ADC has not been proscribed by any law in Nigeria or court order,” he said.
“It therefore has the right to continue to undertake its legitimate functions under the law.
“We are seriously concerned with the attitude of INEC treating the ADC as a party that has been proscribed and therefore does not exist. It is false, it is wrong, it is unconstitutional, it is bad.”
