By Myke Uzendu, Abuja
The Supreme Court of Nigeria has vacated an earlier order by an Appeal Court, that directed the African Democratic Congress (ADC) to maintain the status quo ante bellum in its ongoing leadership crisis, effectively restoring the leadership of former Senate President David Mark.
In a unanimous judgment 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 the order after it had already dismissed the appeal before it.
The court described the directive as procedurally flawed and unjustified. “Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the panel held.
The Supreme Court noted that the appeal filed by Senator Mark succeeded in part, although it dismissed the aspect challenging an earlier ex parte order of the Federal High Court regarding the service of court processes in the suit initiated by aggrieved party members.
Despite restoring the leadership structure, the apex court directed all parties involved in the dispute to return to the trial court for the continuation of hearing on the substantive matter.
The ruling comes against the backdrop of actions by the Independent National Electoral Commission (INEC), which had, on April 1, removed the names of David Mark and former Osun State governor Rauf Aregbesola from its official portal as National Chairman and National Secretary of the ADC, respectively.
INEC had justified its decision based on the Court of Appeal’s earlier directive for parties to maintain the status quo, stating that it would not recognise any faction of the party pending the resolution of the legal dispute.
With the Supreme Court’s latest ruling nullifying that order, the development is expected to significantly impact the leadership tussle within the ADC and will prompt a review of INEC’s position regarding the party’s recognised officials.
