The Supreme Court has set aside an order directing the African Democratic Congress (ADC) to maintain status quo ante bellum in its festering leadership crisis.
In a unanimous judgment, a five-man panel led by Justice Mohammed Lawal Garba ruled that the Abuja Division of the Court of Appeal overreached its bounds by issuing the order after it had already dismissed the appeal before it.
The apex court described the action as “unnecessary, unwarranted and improper,” stressing that the appellate court lacked the jurisdiction to make such a pronouncement in a matter it had concluded.
The court further held that the appeal filed by David Mark succeeded in part, but dismissed his challenge against an earlier ex parte order of the Federal High Court relating to service of court processes.
Consequently, the Supreme Court directed all parties to return to the trial court for continuation of proceedings on the substantive suit.
The ruling comes amid lingering leadership tussles within the party, which had drawn the intervention of the Independent National Electoral Commission (INEC).
INEC had, on April 1, delisted David Mark and Rauf Aregbesola as National Chairman and Secretary of the ADC from its official portal, citing the earlier Court of Appeal ruling.
The electoral body maintained that it would not recognise any faction of the party pending the final resolution of the dispute, in line with the now-vacated status quo order.
