The Supreme Court has set aside an earlier directive mandating the African Democratic Congress (ADC) to maintain the status quo ante bellum in its ongoing leadership dispute, ruling that the order was improperly issued.
In a unanimous judgment delivered by a five-member panel led by Justice Mohammed Lawal Garba, the apex court held that the Abuja Division of the Court of Appeal exceeded its jurisdiction by issuing the directive after it had already dismissed the substantive appeal before it.
The court described the action as “unnecessary, unwarranted, and improper,” emphasizing that such an order could not validly arise from a matter that had already been struck out.
The Supreme Court further ruled that the appeal filed by Senator David Mark succeeded in part. However, it dismissed the aspect of the appeal challenging the ex parte order granted by the Federal High Court concerning the 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 ruling comes against the backdrop of actions taken by the Independent National Electoral Commission (INEC), which, on April 1, removed David Mark and Rauf Aregbesola from its official portal as National Chairman and National Secretary of the ADC, respectively. INEC had based its decision on the Court of Appeal’s earlier judgment and maintained that it would refrain from recognizing any faction within the party pending the final resolution of the legal dispute.
The Supreme Court’s decision effectively resets the legal contest, paving the way for a full hearing at the lower court
