The Supreme Court has set aside the order directing the African Democratic Congress (ADC) to maintain the status quo ante bellum pending the resolution of its leadership crisis.
In a unanimous decision delivered by a five-member panel led by Justice Mohammed Lawal Garba, the apex court ruled that the Abuja Division of the Court of Appeal exceeded its jurisdiction by issuing such an order on its own after already dismissing a case filed by one of the factions.
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“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted, and improper,” the Supreme Court held.
The court ruled that the appeal filed by Senator David Mark succeeded in part.
However, it dismissed the aspect challenging the ex parte order issued by the Federal High Court, which had authorized the service of court processes on party members in a suit brought by aggrieved members.
The apex court directed all factions to return to the trial court for the continuation of the substantive hearing.
It will be recalled that the Independent National Electoral Commission (INEC) had, on April 1, removed the names of Mark and Rauf Aregbesola as ADC National Chairman and National Secretary, respectively, from its portal and website.
INEC cited the Court of Appeal’s judgment as the basis for its action.
The electoral body had also stated that, in line with the order maintaining the status quo, it would not recognize any of the warring factions until the legal dispute is fully resolved.