The Independent National Electoral Commission (INEC) has said it will not determine former Vice-President Atiku Abubakar’s eligibility to contest the 2027 presidential election, insisting that the courts will have the final say.
INEC Chairman, Prof. Joash Amupitan, made the position clear on Thursday while speaking at Chatham House in London, against the backdrop of a legal battle over the leadership of the African Democratic Congress (ADC), Atiku’s platform for the 2027 election.
Amupitan was responding to a question on whether Atiku could remain on the ballot if he failed to overturn the Federal High Court judgment that nullified the leadership structure under which he emerged as the ADC presidential candidate.
He said INEC was constitutionally bound to comply with judicial decisions, particularly a final decision of the Supreme Court, regardless of the political consequences.
“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 chairman’s comments effectively place Atiku’s electoral fate in the hands of the judiciary as the ADC pursues its appeal against the Federal High Court judgment.
Justice Peter Lifu of the Federal High Court in Abuja had, on November 5, nullified the David Mark-led leadership of the ADC and set aside actions taken by the disputed leadership, including the process through which Atiku emerged as the party’s presidential candidate.
However, the legal implications of the judgment remain contested.
ADC lawyer Kalu Kalu said on Wednesday that the judgment did not expressly invalidate Atiku’s candidacy, arguing that some interpretations of the ruling went beyond the orders actually made by the court.
The ADC has also rejected the judgment and indicated that it will challenge it at the Court of Appeal.
It maintained that the ruling should not automatically be interpreted as removing Atiku from the presidential race.
While the political dispute continues, Amupitan disclosed that INEC is dealing with a much broader legal burden, with more than 300 cases pending against the commission as preparations for the 2027 elections intensify.
He warned that prolonged litigation could create serious challenges for the commission’s planning, procurement and logistical arrangements.
“Some of those issues we have with court cases, over 300 cases hanging on the neck of INEC, and election is just about 66 days away,” he said.
According to Amupitan, INEC had previously advocated an accelerated resolution of the ADC leadership dispute because electoral litigation that remains unresolved close to an election can complicate the commission’s preparations.
He said pre-election disputes should ideally be concluded six months to one year before a general election to give INEC sufficient time to plan and deploy electoral logistics.
The chairman also disclosed that the commission had commenced procurement of sensitive election materials, making uncertainty arising from court cases particularly problematic.
Amupitan stressed that INEC would not act on information circulating on social media or media reports when determining the effect of a court judgment.
Instead, he said the commission must obtain the Certified True Copy (CTC) of a judgment, examine its provisions and seek appropriate legal advice before taking any administrative action.
“As of today, I have not received a certified true copy of the judgment of the Federal High Court because we don’t just act on the basis of what is on social media.”
His comments come a day after the ADC’s lawyer insisted that the judgment did not expressly void Atiku’s candidacy.
For now, therefore, INEC’s position is that it will neither validate nor reject Atiku’s candidacy based on competing interpretations of the Federal High Court ruling.
