The political uncertainty surrounding former Vice-President Atiku Abubakar’s anticipated participation in the 2027 presidential election has taken another turn following comments by the Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, on the ongoing legal dispute within the African Democratic Congress (ADC).
Amupitan has made it clear that the electoral commission will not take sides in the controversy but will implement whatever decision is eventually reached by the courts.
He stressed that INEC’s responsibility is to operate within the provisions of the Nigerian Constitution and respect judicial pronouncements, regardless of the political interests affected.
The INEC chairman spoke on Thursday during an engagement at Chatham House in London, where he addressed questions concerning the commission’s preparations for the 2027 general elections and the legal challenges involving political parties.
One of the issues raised during the session concerned Atiku’s political future in the event that the legal battle over the ADC leadership was not resolved in favour of the former vice-president’s political camp.
The question has become increasingly relevant following a Federal High Court judgment that nullified the leadership structure of the ADC faction led by former Senate President, David Mark.
The ruling has generated fresh controversy within opposition political circles, particularly because of its possible implications for the party’s ability to organise its activities and participate effectively in the preparations for the next general election.
Atiku, who is expected to pursue his presidential ambition through the ADC, could face further political complications if the leadership dispute is not resolved through the appropriate judicial process.
However, the party has indicated that it will challenge the Federal High Court judgment at the Court of Appeal, keeping the matter open for further legal consideration.
Addressing the possibility of the former vice-president being affected by the outcome, Amupitan explained that INEC would be guided strictly by the final position of the courts.
He maintained that the commission could not ignore a judicial directive simply because implementing it might generate political controversy or attract criticism from interested parties.
“If he eventually fails, well, I’m obligated under Section 285 of the Constitution of Nigeria to obey every court order, especially if it is from the Supreme Court,” Amupitan said.
His comments suggest that the commission will not independently determine the political outcome of the dispute but will rely on the applicable legal decisions when making its own administrative determinations.
Beyond the ADC controversy, the INEC chairman expressed concern about the increasing number of lawsuits involving the electoral body as preparations for the 2027 elections continue.
According to him, the commission is currently facing more than 300 pending cases, a situation he described as a significant burden on an institution expected to organise a nationwide election within a demanding timeframe.
He warned that the volume of litigation could place additional pressure on INEC, particularly when disputes remain unresolved until critical stages of the electoral timetable.
The commission, he explained, needs sufficient time to organise its operations, establish logistical arrangements and ensure that all necessary election materials are available before voting begins.
Amupitan recalled that when the ADC leadership disagreement first emerged in April, INEC had advocated an accelerated determination of the case rather than allowing the dispute to drag through the judicial system.
He said the commission believed that the matter should be concluded within three weeks to prevent prolonged uncertainty from affecting its administrative responsibilities.
“When it happened in April, the position of the commission was that matter should be resolved within three weeks,” he stated.
The INEC chairman further explained that the commission had initially complied with a court directive to suspend action on the disputed issue while awaiting the outcome of the legal proceedings.
However, the matter subsequently progressed to the appeal stage, extending the period of uncertainty surrounding the party’s leadership arrangement.
Amupitan believes that Nigeria’s electoral legal framework requires adjustments to prevent political disputes from becoming major obstacles to election administration.
He specifically advocated a situation in which pre-election cases would no longer be entertained within six months or one year of a general election, arguing that such an arrangement would give INEC greater certainty when planning its activities.
According to him, unresolved disputes involving political parties, candidates and leadership structures can create administrative difficulties, especially when court decisions require the commission to make adjustments to arrangements that have already been concluded.
He said the proposed timeframe would enable the electoral body to focus on its statutory responsibilities without being constantly drawn into disputes that could have been settled much earlier.
“I had advocated in several fora that we pre-election matters should abate at least a year before the election, or let’s say six months, so that we can fix our logistics,” he added.
The chairman also disclosed that preparations for the 2027 general elections had already reached the stage where INEC was undertaking procurement processes for sensitive election materials.
Such materials require advance planning, procurement and distribution arrangements, making the timing of judicial decisions particularly important to the commission.
He warned that major changes arising from court judgments could create operational complications if they occur after the commission has committed substantial resources to particular electoral arrangements.
Amupitan also highlighted what he described as an unfortunate situation in which INEC sometimes becomes the centre of public criticism over decisions originating from the judiciary.
He explained that although the commission does not determine the outcome of court cases, it is often expected to implement the resulting judgments and subsequently bears the political backlash from those dissatisfied with the decisions.
“The danger is that whenever there is such decision, and it’s you to now implement, you become the problem. The problem now is transferred unto you,” he said.
The comments have brought renewed attention to the relationship between Nigeria’s electoral institutions, political parties and the judiciary, particularly as preparations for another general election gather momentum.
For the ADC, the immediate priority remains its planned appeal against the Federal High Court judgment, which could determine the next direction of the leadership dispute.
The outcome may also influence the party’s preparations for the 2027 elections and the political calculations of prominent opposition figures seeking to contest on its platform.
Meanwhile, INEC’s position remains that it will act in accordance with the law and comply with the relevant judicial decisions as they emerge.
With hundreds of pending cases reportedly confronting the commission, Amupitan’s remarks have also renewed calls for a more predictable legal framework that allows electoral disputes to be resolved well before the commencement of critical election preparations.
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