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2027: INEC vows to obey court decision on Atiku’s presidential ambition
The Independent National Electoral Commission (INEC) has assured that it will abide by court decisions on former Vice-President Atiku Abubakar’s eligibility to contest the 2027 presidential election under the platform of the African Democratic Congress (ADC).
INEC Chairman, Prof. Joash Amupitan, gave the assurance on Thursday during a dialogue organised by Chatham House in London in partnership with the Kimpact Development Initiative.
Amupitan said the commission was constitutionally bound to obey court orders, regardless of public opinion or the political consequences of such decisions.
Responding to a question about whether Atiku could remain the ADC’s presidential candidate if the court judgment invalidating the party’s leadership remained in force, he said the commission would comply with the outcome of the legal process.
“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,” he said.
The INEC chairman also disclosed that the commission had more than 300 pending court cases, warning that prolonged litigation could complicate preparations for the 2027 elections, scheduled for January 16.
He said INEC had advocated an accelerated hearing of the ADC leadership dispute when it emerged in April, arguing that the matter should have been resolved within three weeks.
According to him, the commission had complied with a court directive to suspend action and await the outcome of the proceedings, which subsequently proceeded to the appellate court.
Amupitan called for reforms to ensure that pre-election disputes are resolved at least six months to one year before general elections, allowing INEC sufficient time to plan and execute its logistical arrangements.
He added that the commission had already commenced procurement of sensitive election materials for the forthcoming polls.
The controversy surrounding Atiku’s presidential ambition followed a November 5 judgment by the Federal High Court in Abuja, which nullified the leadership of the ADC faction led by former Senate President David Mark.
Justice Peter Lifu delivered the judgment in a suit filed by Nafiu Bala Gombe, a former deputy national chairman of the party, who challenged the process through which Mark and other officials assumed leadership following the resignation of former National Chairman Ralph Nwosu.
The court held that the process that produced the Mark-led leadership violated provisions of the ADC constitution, the Electoral Act and the 1999 Constitution.
It also restrained INEC from recognising or acting on decisions taken at the party’s 99th National Executive Committee meeting of July 27, 2025.
The ruling raised questions about the validity of decisions taken under the disputed leadership, including the party’s presidential primary that produced Atiku as its candidate for the 2027 election.
Atiku had emerged as the ADC presidential candidate in May and subsequently selected former Rivers State Governor, Rotimi Amaechi, as his running mate.
The former vice-president rejected the judgment, describing it as an attempt to weaken the opposition and frustrate his presidential ambition. The ADC also dismissed the ruling as politically motivated and announced plans to challenge it.
Following the judgment, the ADC said it had filed an appeal and an application for a stay of execution, urging INEC not to take steps that could pre-empt the outcome of the appeal.
The party’s presidential campaign council maintained that the commission should exercise restraint while the legal challenge remained pending.
However, the filing of an appeal or an application for a stay does not automatically suspend the operation of a judgment. The stay application must first be granted by the court.
The interpretation of the November 5 judgment has also become a subject of disagreement.
On Thursday, ADC lawyer Kalu Kalu argued that the court did not expressly nullify Atiku’s presidential nomination, insisting that the judgment specifically invalidated the Mark-led leadership and its decisions.
He said the public had misinterpreted the ruling by concluding that it directly cancelled Atiku’s candidacy.
INEC had earlier said it would obtain and study the certified true copy of the judgment before determining its next course of action.
The legal dispute presents a significant challenge to the ADC as it prepares for the 2027 general elections, particularly given Atiku’s position as one of the leading opposition figures seeking to challenge President Bola Tinubu.
If the judgment is upheld and its implications extend to the party’s presidential nomination, the ADC could face uncertainty over its ability to field Atiku and other candidates under the disputed leadership structure.
However, a successful appeal or a court order suspending the judgment could alter the situation and provide the party with an opportunity to continue its electoral preparations.
The dispute also highlights the wider challenges facing opposition parties as internal leadership disagreements and pre-election litigation threaten to disrupt their preparations for the polls.
For INEC, the central issue is ensuring compliance with judicial decisions while maintaining the timetable and credibility of the electoral process.
Amupitan’s position suggests that the commission will leave the resolution of the dispute to the courts, even if the eventual decision attracts political criticism.
The outcome of the appeal is therefore expected to play a major role in determining the ADC’s leadership, the validity of its candidates and the direction of the opposition ahead of the 2027 presidential election.