The Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, SAN, has declared that the commission will comply with any final court judgment affecting the eligibility of former Vice President Atiku Abubakar to contest the 2027 presidential election, regardless of the political consequences.
Amupitan maintained that INEC is constitutionally obligated to obey judicial decisions, particularly judgments of the Supreme Court, and cannot disregard a binding court order because of its implications for a political party or presidential candidate.
The INEC chairman made the declaration on Thursday while speaking at Chatham House in London, where he responded to questions concerning the leadership crisis in the African Democratic Congress (ADC) and its possible implications for Atiku’s participation in the forthcoming presidential election.
The controversy followed a recent Federal High Court judgment nullifying the leadership of the ADC headed by former Senate President David Mark, under which Atiku emerged as the party’s presidential candidate.
The judgment has generated concerns about the legal implications for the party’s electoral arrangements, particularly as preparations intensify for the January 2027 presidential election.
Asked whether Atiku would remain on the ballot if he failed to overturn the Federal High Court judgment, Amupitan maintained that the electoral commission would be guided by the final decision of the courts.
“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,” the INEC chairman stated.
His response emphasised the commission’s position that compliance with binding judicial pronouncements is a constitutional responsibility, rather than a matter of political discretion.
Amupitan, however, did not announce that Atiku had been disqualified or that INEC had decided to remove his name from the ballot.
Rather, he maintained that the commission would act in accordance with whatever final judgment emerged from the judicial proceedings.
Beyond the controversy surrounding Atiku and the ADC leadership, the INEC chairman expressed concern over the increasing number of pre-election cases confronting the commission as the 2027 general elections approach.
He disclosed that INEC was currently dealing with more than 300 pending court cases, warning that the volume of litigation was creating difficulties for the commission’s preparations.
According to him, the situation had become particularly concerning because the elections were only about 66 days away.
“Some of those issues we have with court cases—over 300 cases hanging on the neck of INEC, and elections are just about 66 days away,” Amupitan lamented.
The chairman explained that electoral preparations involve extensive logistical arrangements that must be concluded before election day.
He disclosed that the commission had already commenced the procurement of sensitive election materials, making late changes arising from judicial decisions particularly difficult to manage.
According to him, court judgments delivered shortly before elections could compel INEC to alter arrangements that had already reached advanced stages of implementation.
Amupitan observed that such developments create operational challenges for the electoral body, especially where the decisions affect political party leadership, candidates or other matters connected with the conduct of elections.
He explained that the ADC leadership dispute illustrated the difficulties arising from prolonged pre-election litigation.
According to the INEC chairman, when the dispute initially surfaced in April, the commission sought an accelerated hearing to ensure that the matter was resolved within three weeks.
He said the objective was to secure an early judicial determination that would enable INEC to finalise its electoral arrangements without uncertainty.
However, the proceedings continued beyond the anticipated period, eventually resulting in the Federal High Court judgment now being challenged by the ADC.
The party’s decision to appeal the ruling means that the leadership dispute is proceeding to the Court of Appeal while electoral preparations continue.
Amupitan maintained that the prolonged litigation had created additional pressure on the commission, which must continue preparing for the elections while awaiting the outcome of cases that could affect its arrangements.
He warned that implementing court decisions issued close to election day often places INEC in a difficult position, as the commission may become the target of public criticism despite merely complying with judicial directives.
“The danger is that whenever there is such a decision, and it’s up to you to now implement it, you become the problem. The problem now is transferred unto you,” he explained.
The INEC chairman expressed concern that the electoral body could be blamed for the consequences of judgments it had no authority to disregard.
He consequently called for reforms to Nigeria’s electoral legal framework to ensure that disputes arising before elections are concluded sufficiently early.
Amupitan proposed that all pre-election litigation should be resolved at least six months to one year before the scheduled date of an election.
According to him, such a reform would provide greater certainty for political parties, candidates and the electoral commission while reducing the likelihood of judicial decisions disrupting preparations at the last minute.
He maintained that resolving disputes well ahead of elections would enable INEC to complete its logistical arrangements without the uncertainty associated with prolonged court proceedings.
The chairman’s remarks also highlighted the relationship between judicial authority and the constitutional responsibilities of the electoral commission.
While INEC is responsible for organising and conducting elections, Amupitan stressed that it remains bound by judicial decisions affecting the electoral process.
His comments came amid uncertainty surrounding the ADC’s leadership following the Federal High Court judgment and the party’s decision to pursue an appeal.
With Atiku’s candidature linked to the disputed party leadership, questions have emerged about the possible implications of the litigation for his participation in the 2027 presidential election.
However, Amupitan’s position was that the commission would await and comply with the applicable final judicial decision rather than independently determine the political consequences of the dispute.
The INEC chairman reiterated that the challenge facing the commission extended beyond the ADC case, given the more than 300 pending lawsuits and the limited time remaining before the elections.
He maintained that early resolution of electoral disputes was essential to ensuring orderly preparations and reducing the pressure placed on INEC by last-minute judicial pronouncements.
Amupitan consequently urged consideration of reforms that would require pre-election disputes to be concluded between six months and one year before voting, allowing the electoral commission to discharge its constitutional responsibilities with greater certainty.
Post Title: “If Atiku Fails, INEC Must Obey Court Order” — Amupitan Speaks On ADC Leadership Judgment, Warns 300 Lawsuits Threaten 2027 Elections By Naijaonpoint.