By Dennis Okechukwu
The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, has described the legal battle over former Vice President Atiku Abubakar’s eligibility to contest the 2027 presidential election as a “very big issue” for the commission.
Amupitan expressed concern over the growing number of pending court cases and the limited time available for INEC to prepare for the forthcoming general elections.
He spoke during a panel discussion at Chatham House in London, where he was asked whether Atiku, the African Democratic Congress (ADC) presidential candidate, would still be able to participate in the 2027 presidential election if he failed to overturn the judgment against him.
The INEC chairman explained that the commission initially expected the legal dispute, which arose in April, to be resolved within three weeks. However, the matter proceeded to the appeal stage despite INEC’s preference for an accelerated hearing.
He disclosed that the commission was currently dealing with more than 300 pending court cases, creating additional challenges as preparations for the elections gathered momentum.
According to him, INEC has already commenced serious procurement processes, including arrangements for sensitive election materials, making unresolved legal disputes a major concern.
Amupitan noted that the 2027 general election was about 66 days away, leaving the commission with limited time to address legal uncertainties that could affect its preparations.
He advocated the early resolution of pre-election disputes, arguing that such cases should be concluded at least six months before an election, or preferably one year ahead, to enable INEC to plan its logistics effectively.
Addressing the specific question of Atiku’s eligibility, Amupitan said INEC would be guided by the decisions of the courts and was constitutionally obligated to comply with judicial orders.
He cited Section 285 of the Nigerian Constitution, stressing that the commission must obey court decisions, particularly those handed down by the Supreme Court.
“Nonetheless, if it travels through the course, and you said, if it 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, however, acknowledged that implementing controversial court decisions could expose the commission to public criticism, even when it was simply carrying out its constitutional responsibilities.
He said the responsibility of implementing such decisions often transfers public dissatisfaction to INEC, making the commission appear to be the problem.
“The danger is that whenever there’s such decision, and it’s you to now implement, you becomes the problem. The problem now is transferred onto you. But that is the position of the law, Nigerian law,” he added.
Amupitan’s comments highlight the legal and administrative challenges facing INEC as it prepares for the 2027 general elections, particularly the implications of unresolved pre-election disputes involving major political contenders.