Okoli Akirika is a constitutional lawyer. In this interview with OKEY MADUFORO, he speaks on the recent Supreme Court judgement on the leadership crisis rocking the African Democratic Congress (ADC} and its implications for the party ahead of the forthcoming elections

There was jubilation in some political quarters over the Supreme Court judgement that restored Senator David Mark as the national chairman of the African Democratic Congress (ADC). What is your take on that?

I will say with the greatest respect to the Supreme Court that the judegment was not only right but correct and also wholesome. But the only thing that I want to say is that it is indeed surprising that people are rejoicing over that judgement, claiming that it restored the leadership of David Mark as the national chairman of the ADC.

A close look at that judgement will demonstrate beyond doubt that the Supreme Court merely attended to the matters contained within the grounds of appeal but the issues of the authentic national chairman of the ADC was not a live issue before the Supreme Court.

The Supreme Court referred the matter back to the trial court and that matter is with the lower court. The law is very clear that you do not resolve substantive matter at the interlocutory stage. As at the time the matter went to the Supreme Court, the appeal was being sort on matters of status quo and not necessarily on the substantive matter of who is the authentic national chairman of the ADC.

So, what I want to say is that ADC as a political party should be alive based on the obvious fact that it has a plethora of cases before it, The party have the one dealing or calling for their deregistration and they also have the one dealing on one that is more discomforting. That is the judgement at the Federal High Court, which ruled that the Independent National Electoral Commission (INEC) should not recognise the executive of David Mark. So, what the ADC has to do is to now, is to look inwards and consider the possibility of using that platform as a vehicle to navigate the 2027 general election.

I am sounding personal at this point and I am pessimistic that ADC as a political party can comfortably participate in the 2027 general election considering the plethora of cases before the party. By the time they resolve the issue of the main matter for which the Supreme Court sent them back to the lower court and by the time they resolve the issue of whether they would be deregistered or not, meeting the deadline on INEC election timetable may be uncertain. So, the party is not likely to be on the ballot.

Given the fear you have raised, what do you suggest as the way out for the party?

What they should do is not to celebrate the Supreme Court Judgement that dealt with a peripheral matter that has to do with status quo, when substantive matter has not been decided by the court. There was no need for the ADC to go on appeal on the status quo in the first case, because at the end of the day, the Supreme Court referred them to the trial court. What the ADC should have done to benefit them is that they should have responded to the order of the trial court to say please come and show course why and order should not be made.

But the ADC for reasons best known to the party decided to go on appeal but the Supreme Court has sent them back to the trial court. At the trial court, they now have to adduce evidence why that order should not be made. So, taking a holistic look at the issues and the entire scenario, I have no modicum of doubt that that the matter was not properly and professionally managed.

What I want to say is that if the party is interested in participating in the 2027 general election, its members should not be carried away by the euphoria of the Supreme Court Judgement rather they should start looking inwards on how to contain that judgement delivered a day before the judgement of the Supreme Court that nullified their congresses and conversations. Let that issue be tidied up as the Supreme Court judgement remains what it is, which is subject to the judgement that was delivered at the Federal High Court.

That Federal High Court judgement dealt with the substantive matter over the tenure of the then ADC officers. Let that issue be resolved. So, there is every reason for the party to go into what I may call internal soul searching, so as not to bring upon itself the avoidable issue of internal problems.

That Federal High Court judgement is a judgement on merit. It is a judgement that was delivered after the parties were heard. Also, that judgement subsists and it is Independent of the Supreme Court judgement that dealt with the issue of status quo. That judgement takes preeminence being a judgement on merit. It is superior to interlocutory matters delivered by the Supreme Court.

The apex court did not rule on the substantive issue of whether David Mark was lawfully, legitimately and procedurally produced as the national chairman of the ADC. So, what the ADC as a political party should now do is to be pragmatic and futuristic incase a situation that it is not feasible for the party to contest in the 2027 general election.

The ADC should look for a party that is free from encumbrances and use that platform to contest election. If you look at it holistically, you will see that the coalition is struggling against the All Progressives Congress (APC)-led government and the ADC is encumbered by litigations, so they should look beyond to adopt a platform that is free from encumbrances.

At the recent Ibadan summit by the opposition parties to adopt one presidential candidate, there was a call for amendment of the Electoral Act. How possible is that before the elections?

When they say that they want to adopt a presidential candidate; it is a political language. What it means is that I want to support and the only thing they will do is to coalesce and support the candidate of a political party that is not encumbered by any crisis. The party of that candidate must be recognised by INEC.

So, what the ADC should do now is to adopt any of the coalition parties, especially a party that is free from issues of leadership because a contextual appraisal of all the cases involving the party, clearly demonstrate that the recent Supreme Court judgement is nothing short of adjectival booby trap for the ADC, and one does not expect the party to resolve the plethora of cases before it and still contest the elections.