The Supreme Court of Nigeria has set aside an earlier directive that required the African Democratic Congress (ADC) to maintain the status quo ante bellum in its ongoing leadership dispute.
In a unanimous judgment delivered by a five-member panel led by Mohammed Lawal Garba, the apex court ruled that the Abuja Division of the Court of Appeal of Nigeria acted outside its jurisdiction by issuing the order after it had already dismissed the case before it.
The court described the directive as improper, stating that issuing such an order in a matter that had already been dismissed was “unnecessary, unwarranted, and improper.”
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 issued by the Federal High Court of Nigeria regarding the service of court processes in the suit initiated by aggrieved members of the party.
As part of its decision, the Supreme Court directed all factions within the ADC to return to the trial court for the continuation of proceedings to resolve the leadership crisis.
The dispute had earlier prompted the Independent National Electoral Commission (INEC) to remove the names of David Mark and Rauf Aregbesola from its official portal as National Chairman and Secretary of the ADC, respectively. The electoral body cited the Court of Appeal’s earlier judgment as the basis for its action.
INEC had also stated that it would not recognise any faction within the party, pending the final determination of the legal battle.
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