The Supreme Court on Thursday officially voided the “status quo ante bellum” order previously granted by the Court of Appeal against the David Mark-led African Democratic Congress (ADC).
This decisive intervention effectively returns the ADC leadership’s legal battle to the Federal High Court for an accelerated hearing on its merits.
A five-member panel of the Supreme Court, led by Justice Mohammed Garba, delivered the unanimous judgment that voided the status quo order against Mark-led ADC on Thursday.
The court held that the appellate court overreached by issuing a preservative order on a matter that had not been fully litigated at the trial level.
By setting aside the previous directive, the Supreme Court has cleared the legal debris that had stalled the party’s administrative functions.
The Supreme Court’s decision emphasizes that internal party disputes, while sensitive, must follow strict procedural paths without premature “preservative” interruptions from higher courts that lack the initial jurisdiction to hear the primary facts.
The crux of the ADC leadership legal battle centers on a suit filed by Nafiu Bala, a party chieftain who is challenging the legitimacy of the David Mark-led executive committee.
The legal battle intensified following a March 12 ruling by the Court of Appeal. That court had ordered all parties to maintain the status quo ante bellum, a move that led the Independent National Electoral Commission (INEC) to withdraw its recognition of David Mark as National Chairman and Ogbeni Rauf Aregbesola as National Secretary.
Mark’s legal team, led by Jubril Okutepa, SAN, argued that the appellate court exceeded its jurisdiction by interfering in the internal affairs of a political party.
Meanwhile, by voiding the order, the Supreme Court has effectively cleared the legal fog that allowed INEC to de-recognize the Mark-led executive.
However, rather than declaring a final winner in the leadership tussle, the apex court ordered the Federal High Court in Abuja to conduct an accelerated hearing to determine the rightful leadership once and for all.
