The Supreme Court of Nigeria has set aside an order that directed the African Democratic Congress (ADC) to maintain the status quo ante bellum in its ongoing leadership crisis.
In a unanimous ruling delivered by a five-member panel led by Justice Mohammed Lawal Garba, the apex court faulted the Abuja Division of the Court of Appeal for exceeding its jurisdiction. The court held that the appellate court acted improperly by issuing a status quo order after it had already dismissed the appeal before it.
The justices described the directive as “unnecessary, unwarranted and improper,” stressing that such an order could not validly arise from a matter that had been concluded at that level.
The ruling followed an appeal filed by David Mark, which the Supreme Court upheld in part. However, the court dismissed the aspect of the appeal challenging an ex parte order earlier granted by the Federal High Court regarding service of court processes in the suit initiated by aggrieved members of the party.
Consequently, the apex court directed all parties involved in the dispute to return to the trial court for the continuation and determination of the substantive case.
The development comes amid earlier actions by the Independent National Electoral Commission (INEC), which on April 1 removed the names of David Mark and Rauf Aregbesola from its official portal as ADC National Chairman and Secretary, respectively. INEC had cited the Court of Appeal’s ruling and stated that it would not recognise any faction of the party pending the final resolution of the legal dispute.
