Dumebi Kachikwu, 2023 presidential candidate of the African Democratic Congress (ADC) has said that David Mark and Nafiu Bala have no legitimate claim to the leadership of the party.
Kachikwu said this in reaction to the Supreme Court ruling on the leadership tussle in the ADC on Thursday, it was reported.
The apex court had directed Mark, the factional national chairman of the ADC, and Bala, a former national vice chairman of the party, to return to the Federal High Court for hearing and determination of issues arising from the dispute.
Kachikwu, in a statement, said the Supreme Court ruling vacating an earlier ruling of the Court of Appeal directing parties to maintain the status quo did not validate any faction.
Today the Supreme Court of Nigeria demonstrated the wisdom of King Solomon in refusing to be used as a tool of destabilisation by the David Mark led group when it directed both factions to return to the trial court for continuation of the trial,” he said.
“The ruling allows both parties to pursue their claims while the case is being decided by the lower court,” he said.
“By vacating the order of status quo ante bellum, all the Supreme Court has said is that they are not stopping any of the factions from calling themselves any name they choose to call themselves, but they should allow the lower court to determine if any of the two factions is the rightful leadership of the ADC,” he said.
He compared the leadership wrangle to two people claiming ownership of a stolen car, and insisted neither faction had shown a legal basis to control the party.
“It is like two thieves fighting over who owns a stolen car, but they have been told to bring their proof of ownership before a court to decide if either of them is the owner of the car,” he said.
“Take the case of Nafiu Bala and the David Mark band of adventurers, we know that neither of the two parties has a legitimate claim to the leadership of the party.
Kachikwu also said the Supreme Court did not order the Independent National Electoral Commission to accept the Mark led faction of the ADC.
He also mentioned another ruling by Justice Joyce Abdulmalik of the Federal High Court, which, he said, affirmed the tenure of existing state executive committees in the party.
The court ruled that the tenure of the state working committee and executive committee “still subsists” and they should be allowed to discharge their constitutional duties without any interference, he said.
He added that the court also ruled that the conduct of state congresses falls within the purview of state executive committees, while the appointment of any alternative congress committee is unconstitutional.
Citing the ruling, Kachikwu said, “I also find that by virtue of Article 19 (9) (iv) of the 1st defendant’s constitution, the conduct of state congresses is the exclusive function of the state executive committee.
“Therefore, I have a firm view that the appointment of the ‘congress committee members’ or kangaroo committee, as the case may be, is a contraption to usurp the powers of elected members of the state executive committee who have fixed tenure that have not expired.
Abdulmalik has also granted a perpetual injunction restraining the defendants and their associates from holding a national convention of the party or organising state congresses, Kachikwu said.
He said the ruling backed his position that the factions had no legal standing. “I think their actions are still ‘futile’, he says.
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