ADC Nigeria: Defies INEC, Plans Independent Election Results Collation

• The African Democratic Congress (ADC) has rejected an INEC warning against sharing privately collated election results.
• ADC plans to deploy agents to collect, collate, and publicly share verified polling-unit results for the 2027 general elections, citing constitutional rights.
• The party acknowledges INEC's statutory role in official declarations but argues its mandate does not prevent independent information gathering by parties or citizens.
• This move contributes to an ongoing debate about electoral transparency and the legitimate role of political parties in documenting election outcomes.
• The development raises significant legal questions regarding the scope of freedom of expression for political parties versus INEC's authority, particularly concerning the weight of independently collated data in future electoral disputes.

The assertion by the African Democratic Congress highlights potential legal challenges regarding the precise scope of freedom of expression for political parties in collating and disseminating election results in Nigeria, especially concerning the authority of INEC.

The African Democratic Congress (ADC) has publicly rejected a cautionary statement from the Independent National Electoral Commission (INEC) regarding the dissemination of privately gathered election results. This defiance, articulated by ADC National Publicity Secretary Bolaji Abdullahi in a statement released on Thursday, underscores the party's commitment to its planned independent collation efforts for the upcoming 2027 general elections. The ADC maintains that Nigerian citizens possess a fundamental constitutional right to collect, collate, and distribute polling-unit results, a position directly challenging INEC's advisory.

The electoral commission's warning came from its Chairman, Prof. Joash Amupitan (SAN), who cautioned against the publication of unofficial results. Despite this, the ADC has outlined its strategy to deploy party agents and established structures across the country to meticulously document results directly from polling units. These collected figures will then undergo a collation process, with the verified data subsequently made accessible to the public. The party emphasized that while it intends to share these independently gathered results, they will not be presented as a substitute for INEC's official declarations.

The ADC's stance is rooted in its interpretation of constitutional provisions, specifically referencing the right to freedom of expression. The party contends that while acknowledging the inherent limitations associated with such rights, these do not abrogate the ability of political entities or individuals to independently collate and share election results. The ADC explicitly stated its intention to communicate these verified figures to the public, ensuring that their source and status as independently collated data are clearly identified.

Crucially, the African Democratic Congress acknowledges INEC’s statutory responsibility for declaring official election results and announcing winners. However, it argues that the commission’s mandate does not exclusively reserve the right to gather and share electoral information. The party views its proposed ADC Nigeria independent election results collation as a means to provide public access to results recorded at polling units, thereby enhancing transparency, while leaving the ultimate constitutional responsibility for determining and declaring election outcomes with the electoral commission. This approach, the party insists, is not an attempt to usurp INEC’s statutory powers but rather an assertion of the constitutional rights of citizens and political parties to access, document, and communicate information related to the electoral process.

This development arrives as political parties and various election stakeholders intensify their preparations for the 2027 general elections, where the credibility, transparency, and efficient transmission of polling-unit results are anticipated to remain pivotal issues. The debate surrounding the publication of independently collated results has gained significant prominence in Nigeria's recent electoral cycles, particularly with the increasing adoption of digital platforms by political parties, candidates, observers, and citizens to document and announce results as they emerge from polling units. The ADC maintains that electoral transparency should not be considered the exclusive domain of the electoral commission, asserting that citizens and political parties play a legitimate and vital role in documenting the conduct and outcomes of voting processes at polling units.

The assertion by the African Democratic Congress highlights potential legal challenges regarding the precise scope of freedom of expression for political parties in collating and disseminating election results in Nigeria, especially concerning the authority of INEC. Legal professionals will need to closely monitor how this declaration impacts the interpretation of electoral law and potential disputes leading up to the 2027 elections. Of particular interest will be how courts might weigh the admissibility and overall significance of independently collated data in future electoral petitions or challenges, given the ongoing tension between official pronouncements and citizen-led transparency initiatives. The party's insistence on its right to share results, clearly identified as unofficial, sets a precedent for how political party election result sharing Nigeria might evolve.

This development highlights potential legal challenges regarding the scope of freedom of expression for political parties in collating and disseminating election results in Nigeria, particularly concerning INEC's authority. Lawyers should monitor how this assertion impacts electoral law interpretation and potential disputes in the lead-up to the 2027 elections, especially concerning the admissibility and weight of independently collated data.

Source: Original reporting via Punch Newspapers