…Alleges David Mark, Aregbesola are ineligible under ADC constitution

…Dismisses claims of constitutional breach ahead of court ruling

The faction of the African Democratic Congress (ADC) led by its National Chairman, Nafiu Bala Gombe, on Sunday, said that it has no constitutional power to withdraw or replace its presidential candidate in favour of former Vice President Atiku Abubakar.

Its also alleged that his faction had obtained what he described as a revised constitution produced by the Atiku-backed group, which he claimed differed from the version officially submitted to the Independent National Electoral Commission (INEC).

The Chief of Staff to Nafiu Bala Gombe, Bala Sani, disclosed this during an exclusive interview with The Guardian, where he also dismissed reports alleging that the pending court case involving the faction was adjourned because Gombe failed to satisfy constitutional requirements.

Sani explained that the matter had already reached the ruling stage after all written addresses and applications had been adopted by the trial court.

According to him, about 23 applications were before the trial judge, who had considered all the processes, including the counter-affidavits, before fixing July 7 for ruling.

Sani said: “After the adoption of the written addresses and applications, the court fixed July 7 for ruling. When we arrived in court on that day, the registrar announced that the ruling in both the Nafiu Bala Gombe matter and the David Mark matter was not yet ready. The court therefore adjourned the ruling until Monday, July 13. That is the true position.

“The only issue raised during the last proceedings was an oral application by Kalu Kalu seeking time to respond to an affidavit. The judge immediately reminded counsel that the court had already directed on June 3 and June 8 that all applications and responses must be filed before the next sitting, and he dismissed the oral application.

“There was no pending application or pending filing before the court. Everybody was simply waiting for the ruling. I honestly don’t know where people got this story about constitutional requirements. We cannot withdraw our presidential candidate.”

He rejected reports suggesting that the adjournment was caused by his principal’s alleged failure to comply with constitutional requirements.

According to him, there was no pending application or outstanding response before the court on July 7.

Speaking on reports linking the faction with ongoing coalition talks, Sani maintained that the Gombe-led leadership had neither the intention nor the constitutional authority to replace its presidential candidate.

He added, “As things stand, we have no power to withdraw our presidential candidate unless the candidate voluntarily decides to withdraw. The people we are challenging in court, including Atiku’s group and the David Mark group, are, in our view, not members of the ADC.

“That has always been our position because the process through which they claim to have joined the party is unconstitutional and contrary to the party’s constitution. They claimed they amended the constitution on March 14, yet the document contains provisions from an Electoral Act that was not signed until March 18. That is one contradiction.”

He added that the faction’s legal challenge remains focused on the status of the rival leadership within the ADC.

Sani also alleged that his faction had obtained what he described as a revised constitution produced by the Atiku-backed group, which he claimed differed from the version officially submitted to the Independent National Electoral Commission (INEC).

According to him, the document removed provisions requiring prospective party leaders to have been members of the ADC for at least two years and eliminated the requirement for membership endorsement by ward and local government party structures.

He further questioned the authenticity of the document, alleging that although the rival group’s convention was held on March 14, the constitution already contained provisions from amendments to the Electoral Act signed by President Bola Tinubu on March 18.

Sani also questioned the legality of dissolving the party’s national, state and local executives on May 29 while continuing to rely on resolutions reached at the same convention.

The Gombe aide further maintained that, based on the ADC Constitution (2022), former Senate President David Mark and former Osun State Governor Rauf Aregbesola were not qualified to occupy the offices of National Chairman and National Secretary respectively.

He stressed that even if Atiku eventually joins the ADC, he must first become a lawful member of the party before any issue of contesting on its platform could arise.

“The party constitution is very clear. We know when Atiku said he joined the party. We know when David Mark said he joined the party. In our view, all those processes are contrary to the party’s constitution. I have a Certified True Copy of the ADC Constitution obtained from INEC. If necessary, I can make it available.

“We do not have the power to replace our presidential candidate with Atiku or ask the candidate we have already endorsed by consensus to step down for him. Even if Atiku joins the ADC today, he must first become a lawful member of the party. If necessary, the party can then decide whether to grant him a waiver to contest on the party’s platform,” he said.