Human rights lawyer Femi Falana has defended the decision of the Independent National Electoral Commission (INEC) not to file any process in the ongoing legal dispute involving the African Democratic Congress (ADC) at the Supreme Court, stating that the move is consistent with established legal principles requiring the electoral body to remain neutral in intra-party conflicts.
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Falana, a Senior Advocate of Nigeria (SAN), said it had been confirmed that INEC neither supported nor opposed the appeal currently before the apex court, which has already been heard and reserved for judgment. He maintained that such neutrality aligns with the Commission’s constitutional role as an impartial umpire.
According to him, electoral bodies must refrain from taking sides in disputes within political parties, as doing so could undermine public confidence in their independence.
To support his position, Falana cited the Supreme Court decision in Attorney-General of the Federation v. Atiku Abubakar (2007), where the apex court criticised both the Nigeria Police Force and INEC for filing briefs that appeared to support the removal of former Vice President Atiku Abubakar by then President Olusegun Obasanjo.
Quoting from the judgment delivered by Justice Pius Aderemi, Falana noted that the Supreme Court emphasised the need for both institutions to maintain strict impartiality. The court held that the police must remain apolitical and avoid involvement in politically charged disputes, while INEC must not engage in any action that could create an impression of bias.
The apex court had warned that any deviation from neutrality by such institutions could erode public trust and compromise their credibility as independent bodies.
Falana stressed that the principles established in that decision remain binding and should guide INEC’s conduct in all electoral and political matters, including intra-party disputes. He added that the Commission must not, by action or inaction, place itself in a position where it could be perceived as favouring one faction over another.
He concluded that INEC’s refusal to participate in the ADC appeal demonstrates adherence to the rule of law and reinforces its constitutional duty to act fairly and impartially in Nigeria’s electoral process.
The ADC case, which centres on internal party disputes, is currently awaiting judgment at the Supreme Court.
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