Supreme Court voids appeal court order in ADC crisis, restores Mark-led leadership

The Supreme Court has set aside an order that restrained recognition of the David Mark-led leadership of the African Democratic Congress (ADC), delivering a significant twist in the party’s ongoing leadership dispute.

 

In a unanimous judgment delivered by a five-member panel headed by Justice Mohammed Lawal Garba, the apex court held that the Abuja Division of the Court of Appeal exceeded its jurisdiction by issuing a “status quo ante bellum” 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.

 

The Supreme Court held that the appeal filed by former Senate President, Senator David Mark, succeeded in part. However, it dismissed the aspect challenging an earlier ex parte order of the Federal High Court relating to the service of court processes.

 

The apex court subsequently directed all parties to return to the trial court for the continuation of proceedings on the substantive matter.

 

The judgment effectively nullifies the basis upon which the Independent National Electoral Commission (INEC) had earlier withdrawn recognition of the Mark-led leadership.

 

INEC had, on April 1, removed the names of David Mark and Rauf Aregbesola from its official portal as National Chairman and Secretary of the party, respectively, citing the Court of Appeal’s directive to maintain the status quo pending resolution of the dispute.

 

The commission had also stated that it would refrain from recognising any faction of the party until the legal tussle was conclusively determined.