Dumebi Kachikwu, the 2023 presidential candidate of the African Democratic Congress (ADC), has said David Mark and Nafiu Bala have no legitimate claim to the leadership of the party.
Kachikwu said this on Thursday while reacting to the Supreme Court’s ruling on the leadership dispute in the ADC, it was reported.
The apex court had ordered Mark, the factional national chairman of the ADC and Bala, a former national vice-chairman of the party to go back to the Federal High Court for the hearing and determination of issues arising from the dispute.
In a statement, Kachikwu said the Supreme Court’s decision to vacate an earlier order of the Court of Appeal asking parties to maintain the status quo did not validate any faction.
He said, “Today the Supreme Court of Nigeria showed 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 only allows both groups to pursue their claims pending the determination of the case by the lower court.
“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.
Kachikwu compared the leadership wrangle to two people claiming a stolen vehicle, insisting that neither faction had demonstrated a legal basis to control the party.
“It is like two thieves fighting over ownership of a stolen car, but they have been told to take their proof of ownership before a court to determine if any 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 rightful 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 cited 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 said the court has also held that the conduct of state congresses is within the powers of the 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.
“I, therefore, 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.
Kachikwu also said that Abdulmalik granted a perpetual injunction restraining the defendants and their associates from convening a national convention of the party or organising state congresses.
He said the ruling backed up his position that the factions had no legal standing. He says their actions are still “futile.”
