ABUJA – The Supreme Court has overturned an order that required the African Democratic Congress (ADC) to maintain the status quo ante bellum in its leadership dispute, effectively restoring Senator David Mark as the party’s National Chairman.
In a unanimous decision by a five-member panel led by Justice Mohammed Lawal Garba, the apex court ruled that the Abuja Division of the Court of Appeal acted beyond its jurisdiction by issuing such an order after it had already dismissed an appeal brought before it by one of the factions.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court held.
The court further ruled that Senator Mark’s appeal succeeded in part, while dismissing the aspect challenging an ex parte order issued by the Federal High Court regarding service of processes in a suit filed by aggrieved party members.
The Supreme Court directed all factions to return to the trial court for the continuation of the hearing.
INEC’s position reversed
The Independent National Electoral Commission (INEC) had removed Mark and Rauf Aregbesola from its portal as ADC National Chairman and National Secretary, respectively, on 1 April, citing the Court of Appeal’s judgment.
The electoral body had stated that, in line with the order for maintenance of the status quo ante bellum, it would not recognise any of the warring factions until the legal dispute was resolved. Following the Supreme Court’s ruling, INEC is expected to reinstate Mark and Aregbesola as the recognised leadership of the party.