The 2023 presidential candidate of the African Democratic Congress (ADC), Mr Dumebi Kachikwu, has welcomed the decision of the Supreme Court of Nigeria directing parties in the party’s leadership dispute to return to the Federal High Court for continuation of the case.
Kachikwu, in a statement on Thursday, said the ruling underscored the need for due process in resolving the leadership crisis within the party.
He noted that by setting aside the Court of Appeal’s order directing parties to maintain the status quo ante bellum, the apex court had cleared the way for the substantive issues to be determined by the trial court.
According to him, the judgment does not confer recognition on any faction, but rather allows the Federal High Court to determine the rightful leadership of the party.
“It is important to note that the Supreme Court has not directed the Independent National Electoral Commission (INEC) to recognise any group as the authentic leadership of the ADC,” he said.
Kachikwu also argued that the dispute remained unresolved and should be settled in accordance with the party’s constitution and the rule of law.
He further referenced a recent ruling of the Federal High Court delivered by Joyce Abdulmalik, which, according to him, affirmed that the tenure of certain state executives of the party subsists.
He said the court also held that the conduct of state congresses is the responsibility of the State Executive Committees and restrained some parties from organising congresses or conventions.
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The News Agency of Nigeria (NAN) reports that the apex court has dismissed the decision of the Court of Appeal which had ordered parties to maintain status quo ante bellum in the ADC leadership dispute.
It, however, upheld the directive that parties should return to the Federal High Court where the leadership tussle is pending.
On the issue of jurisdiction, the court held that it has the power to entertain appeals from lower courts, citing Section 233 of the 1999 Constitution.
In its unanimous judgment, the court set aside the order of the Court of Appeal, describing it as unnecessary and improperly granted in a matter still before the trial court.
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Delivering the lead judgment, Justice Mohammed Garba held that the appellate court erred in raising issues suo motu and issuing a preservative order.
“The directive made (status quo ante bellum) after striking out the appeal and issuing an accelerated hearing was unnecessary, unwarranted and improper,” he said.
The court reiterated that it was wrong for the lower court to issue such an order in a case pending before the trial court.
The application before the apex court was filed by a faction in the dispute, including a group linked to former Senate President David Mark, which had sought to stay the execution of the Court of Appeal’s ruling delivered on March 12.
The Supreme Court subsequently ordered all parties to return to the Federal High Court for the resolution of the leadership dispute. (NAN)
