The Supreme Court of Nigeria has vacated an order directing the African Democratic Congress to maintain status quo ante bellum in its protracted leadership crisis.
In a unanimous decision delivered on Thursday by a five-member panel led by Mohammed Lawal Garba, the apex 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 filed by one of the factions.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the court ruled.
The Supreme Court noted that the earlier directive required all parties to preserve the situation as it existed before the dispute began, but held that such an order could not stand under the circumstances.
While affirming that the appellate court was right to direct parties back to the Federal High Court where the matter originated, the apex court said aspects of its decision were flawed.
On the issue of jurisdiction, the court rejected the appellant’s argument and affirmed its authority to entertain appeals from lower courts in line with Section 233 of the 1999 Constitution.
The court further held that the appeal brought before it by David Mark succeeded in part, but dismissed the aspect challenging an ex parte order of the Federal High Court relating to service of processes in the suit filed by aggrieved party members.
It subsequently directed all parties involved to return to the trial court for continuation of hearing in the case.
The ruling comes amid an ongoing dispute over the leadership of the party, which had drawn the intervention of the Independent National Electoral Commission.
INEC had, on April 1, removed the names of Mark and Rauf Aregbesola from its portal as national chairman and secretary of the ADC, respectively, citing the earlier judgment of the appellate court.
The commission had also stated that, in line with the now-vacated order for maintenance of status quo ante bellum, it would not recognise any of the factions until the dispute is finally resolved.