Dumebi Kachikwu, the 2023 presidential candidate of the African Democratic Congress (ADC), has said that neither David Mark nor Nafiu Bala has a lawful claim to the party’s leadership.
Gatekeepers News reports that his remarks follow Thursday’s ruling by the Supreme Court directing David Mark, a factional national chairman of the ADC, and Nafiu Bala, a former national vice-chairman, to return to the Federal High Court for the continuation of proceedings on the party’s leadership crisis.
In a statement reacting to the decision, Kachikwu said the apex court’s move to vacate the Court of Appeal’s earlier order maintaining the status quo ante bellum does not legitimise any faction within the party.
“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,” he said.
Kachikwu noted that the ruling allows both factions to continue laying claim to the party leadership pending a final determination by the lower court.
He likened the dispute to “two thieves claiming ownership of a stolen car,” insisting that neither group has shown 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,” he 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.
“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 further stated that the Supreme Court did not instruct the Independent National Electoral Commission (INEC) to recognise the Mark-led faction.
He referenced a separate judgment by Justice Joyce Abdulmalik of the Federal High Court, which upheld the tenure of the party’s state executive committees.
According to him, the court ruled that the tenure of the state working committees “still subsists” and that they must be allowed to perform their constitutional duties without interference.
Kachikwu added that the court affirmed that the conduct of state congresses falls exclusively within the powers of the state executive committees and declared the appointment of any alternative congress committee 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 noted that the court also issued a perpetual injunction restraining the defendants and their associates from organising state congresses or convening a national convention.
Kachikwu maintained that the rulings reinforce his stance that both factions lack legal standing, describing their actions as “futile.”
