By By Micheal Chukwuebuka
Nigeria’s Supreme Court has set aside an order directing the African Democratic Congress (ADC) to maintain the status quo ante bellum in its lingering leadership crisis, ruling that the Court of Appeal acted outside its powers in issuing the directive.
In a unanimous judgment 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 lacked jurisdiction to impose the order after it had already dismissed the appeal before it.
The Supreme Court described the action of the appellate court as improper, stressing that it had no legal basis to issue additional directives once the substantive appeal had been struck out.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the court ruled.
The judgment followed an appeal lodged by Senator David Mark, who challenged aspects of the legal proceedings arising from the internal leadership tussle within the ADC. The Supreme Court held that his appeal succeeded in part.
However, the apex court dismissed the aspect of the appeal that questioned an earlier ex parte order of the Federal High Court concerning the service of court processes in the suit instituted by aggrieved members of the party.
The Supreme Court subsequently directed all parties involved in the dispute to return to the trial court for the continuation of proceedings aimed at resolving the crisis.
The leadership struggle within the ADC has generated uncertainty over the control and administration of the opposition party, with competing factions laying claim to key national offices.
On 1 April, the Independent National Electoral Commission (INEC) removed the names of David Mark and Rauf Aregbesola from its official portal and website as ADC National Chairman and National Secretary respectively.
INEC explained at the time that its action was based on the Court of Appeal’s directive to maintain the status quo ante bellum pending the determination of the dispute.
The electoral commission also stated that it would refrain from recognising any faction of the party until the legal battle over its leadership structure was conclusively resolved.
The Supreme Court’s latest ruling is expected to reshape the ongoing dispute, as it effectively nullifies the appellate court order that had influenced INEC’s position on the party’s recognised leadership.
Political observers say the judgment could pave the way for accelerated hearing of the substantive case at the Federal High Court, where the underlying issues surrounding the ADC’s internal crisis remain unresolved.
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