The Supreme Court of Nigeria has nullified a controversial ruling by the Court of Appeal Nigeria on the leadership crisis rocking the African Democratic Congress, ADC, significantly reshaping the ongoing dispute within the party.
In a judgment delivered on Thursday, a five-member panel of the apex court led by Mohammed Lawal Garba set aside the appellate court’s “status quo antebellum” order, which had effectively restored the party’s leadership to a faction led by David Mark.
The Supreme Court held that the Abuja Division of the Court of Appeal acted beyond its jurisdiction by issuing the order after it had already dismissed the appeal before it.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the court ruled.
By vacating the order, the Supreme Court overturned the basis upon which the faction Nafiu Bala faction had reclaimed authority within the party, significantly altering the leadership dispute within the ADC.
The court further noted that the appeal filed by Senator Mark succeeded in part but dismissed the aspect challenging an ex parte order earlier granted by the Federal High Court regarding service of processes in the suit initiated by aggrieved party members.
Consequently, the Supreme Court directed all parties to return to the trial court for continuation of proceedings on the substantive matter.
The development comes amid earlier action by the Independent National Electoral Commission, which on April 1 removed the names of David Mark and Rauf Aregbesola as National Chairman and Secretary of the ADC from its portal.
INEC had cited the Appeal Court’s ruling and stated that, in line with the “status quo antebellum” directive, it would not recognise any faction of the party pending final determination of the legal dispute.
With the Supreme Court’s latest decision, the legal battle over the ADC leadership is set to continue at the lower court.
