Attah Ochinke, a chieftain of the ruling All Progressives Congress (APC) and former Attorney General of Cross River State, has criticised the Independent National Electoral Commission (INEC) for what he described as a misinterpretation of a court order in its decision to de-recognise the David Mark-led leadership of the African Democratic Congress (ADC).
Ochinke, a former chairman of the Nigerian Bar Association in Cross River State, expressed disappointment with INEC’s handling of the matter, arguing that the commission’s interpretation of the subsisting court directive was legally flawed. Speaking in an interview, he said the court order was explicit in directing all parties to maintain the status quo pending the determination of the substantive suit.
According to Ochinke, one faction within the ADC had approached the court seeking to restrain the executive committee led by Mark from functioning. Rather than grant the request, he explained, the court directed all parties to revert to and maintain the existing leadership structure until the case is fully heard.
“In practical terms, maintaining the status quo meant retaining the David Mark-led leadership,” Ochinke argued. He faulted INEC for what he described as a misapplication of the order, saying the commission effectively created a vacuum by stripping the party of leadership.
“You cannot remove an existing leadership and claim to be preserving the status quo when, at no time, the party was without leadership,” he said.
Ochinke also took issue with INEC Chairman Joash Amupitan, noting that his legal background raised expectations of a more precise interpretation of the court ruling. “I am surprised because the INEC chairman is a respected Professor of Law and Senior Advocate of Nigeria. One would expect him to properly interpret such a directive,” he said.
He warned that the commission’s decision could further erode public confidence, adding that it reinforces existing concerns about INEC’s credibility.
On the way forward, Ochinke advised the ADC to seek judicial clarification of the court order rather than pursue an appeal, which he said could be time-consuming. While expressing his desire for the APC to win future elections, he stressed the need for credible electoral processes, dismissing claims that the ruling party was behind internal crises in opposition parties.
“There is no evidence to support such allegations. The actors involved in the crises within the PDP, ADC and Labour Party are all members of those parties,” he said.
