By CHARLES CHIJIOKE
Dumebi Kachikwu, the 2023 presidential candidate of the African Democratic Congress (ADC), has declared that neither David Mark nor Nafiu Bala has a lawful basis to claim leadership of the party, following a fresh ruling by the Supreme Court of Nigeria.
The apex court had directed both factions in the protracted leadership tussle to return to the Federal High Court for continuation and determination of the case, effectively nullifying an earlier status quo order issued by the Court of Appeal.
Reacting to the judgment, Kachikwu said the ruling does not validate any of the rival camps but instead reinforces the need for judicial resolution at the lower court.
“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.
He explained that by vacating the status quo ante bellum order, the court merely allowed both groups to continue laying claims without conferring legitimacy on either side.
“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 added.
Drawing a sharp analogy, the former presidential candidate likened the dispute to “two thieves claiming ownership of a stolen car,” insisting that neither faction has shown credible legal backing.
“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,” he 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 also clarified that the apex court did not instruct the Independent National Electoral Commission to recognise the Mark-led faction, countering claims circulating within political circles.
He further referenced an earlier ruling by Justice Joyce Abdulmalik of the Federal High Court, which upheld the tenure of the party’s state executive committees.
According to him, the judgment affirmed that these structures remain valid and retain the authority to conduct party congresses.
“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 quoted the court as saying.
“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.”
The judge had also issued a perpetual injunction restraining the defendants and their allies from organising state congresses or convening a national convention, a decision Kachikwu said further weakens the claims of both factions.
The development underscores the deepening crisis within the African Democratic Congress, with the Supreme Court’s stance effectively prolonging uncertainty over its leadership.
Analysts say the continued legal battle could stall party activities, complicate preparations for future elections, and weaken the ADC’s standing among opposition parties if a definitive ruling is delayed at the trial court.
