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Dumebi Kachikwu, the 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.
It was reported that Kachikwu, while reacting to the Supreme Court ruling on the leadership tussle in the ADC on Thursday, said this.
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’s ruling vacating an earlier ruling of the Court of Appeal directing parties to maintain the status quo did not validate any faction.
He said, “Today the Supreme Court of Nigeria displayed the wisdom of King Solomon by 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 decision merely allows both groups to pursue their claims pending the determination of the case 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 likened the leadership wrangle to two people claiming ownership of a stolen car, and insisted that neither faction had shown a legal basis to control the party.
“It’s like two thieves fighting over who owns a stolen car, but they’ve 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 none 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 recognise the Mark led faction of the ADC.
He referred to another ruling by Justice Joyce Abdulmalik of the Federal High Court which, he said, upheld 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 must be allowed to perform their constitutional duties without interference, he said.
He said the court has also ruled that the conduct of state congresses falls within the powers of the state executive committees while the appointment of any alternative congress committee is unconstitutional.
Quoting 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.
“I, therefore, hold 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.
Kachikwu said Abdulmalik had also granted a perpetual injunction restraining the defendants and their associates from holding a national convention of the party or organising state congresses.
He said the ruling supported his position that the factions had no legal standing. “I think their actions are still ‘futile,’” he says.
