Dumebi Kachikwu, the 2023 presidential candidate of the African Democratic Congress (ADC), says that neither David Mark nor Nafiu Bala has a legitimate claim to the leadership of the party.
On Thursday, the supreme court directed Mark, factional national chairman of the ADC, and Nafiu Bala, former national vice-chairman, to return to the federal high court for the hearing and determination of issues arising from the leadership dispute within the party.
Reacting to the apex court ruling in a statement, Kachikwu said the verdict vacating the earlier order of the court of appeal asking parties in the dispute to maintain the status quo ante bellum does not validate any faction.
“Today, the supreme court of Nigeria displayed King Solomon’s wisdom 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,” the statement reads.
He said the decision allowed both groups to continue their claims of leadership pending the lower court ruling and clarification.
He related the dispute to two thieves claiming ownership of a stolen car, noting that none of the factions has demonstrated a lawful basis to control the party.
“In 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,” Kachikwu said.
“This case is akin to two thieves claiming 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 indeed the owner of the car,” the ex-presidential aspirant said.
“In 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 said the apex court did not direct the Independent National Electoral Commission (INEC) to recognise the Mark-led faction of the ADC.
He cited a separate ruling by Joyce Abdulmalik of the federal high court, which upheld the tenure of existing state executive committees within the party.
He noted that Abdulmalik ruled that the tenure of the state working committee and executive committee “still subsists” and must be allowed to perform their constitutional duties without interference.
He stressed that the court held that the conduct of state congresses falls within the powers of the state executive committees, declaring the appointment of any alternative congress committee as unconstitutional.
“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,” he said.
“Therefore, I hold the firm view that the appointment of the ‘congress committee members’ or kangaroo committee, so to speak, is a contraption to usurp the powers of elected members of the state executive committee who have fixed tenure that have not expired.”
He added that Abdulmalik issued a perpetual injunction restraining the defendants and their associates from organising state congresses or convening a national convention for the party.
Kachikwu said the ruling reinforces his position that the factions lack legal standing, noting that their action is “futile”.
