Isaac Samuel
The Supreme Court has set aside an order of the Court of Appeal directing the African Democratic Congress (ADC) to maintain status quo ante bellum pending the resolution of its leadership dispute.
In a unanimous decision 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 acted outside its jurisdiction when it issued the order after already striking out the case before it.
The court described the order as “unnecessary, unwarranted and improper,” noting that it was made in an appeal that had already been dismissed.
The Supreme Court held that Senator David Mark’s appeal succeeded in part, but dismissed the aspect challenging an ex parte order issued by the Federal High Court allowing substituted service in the suit filed by aggrieved party members.
It further directed all parties to return to the trial court for the continuation of proceedings on the substantive dispute.
It will be recalled that the Independent National Electoral Commission (INEC) had, on April 1, removed Mark and Rauf Aregbesola from its website as National Chairman and Secretary of the ADC, respectively, citing the Court of Appeal’s earlier decision.
INEC had also said it would, based on the status quo ante bellum order, refrain from recognising any of the factions until the matter is finally determined by the courts.
