On Thursday, the Supreme Court of Nigeria overturned an order that required the African Democratic Congress (ADC) to maintain the status quo ante bellum in its ongoing leadership crisis, effectively restoring the camp led by David Mark.
In a unanimous decision delivered by a five-member panel presided over by Mohammed Lawal Garba, the court ruled that the Court of Appeal of Nigeria exceeded its authority by issuing such an order after it had already dismissed the appeal before it.
The justices stated:
“Giving such an order in an appeal that had already been dismissed was unnecessary, unwarranted and improper.”
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The apex court noted that the appeal brought by Senator Mark succeeded in part, but declined to uphold the challenge against an earlier ex parte order issued by the Federal High Court of Nigeria regarding the service of court documents in the suit filed by dissenting members of the party.
It subsequently directed all parties involved to return to the trial court for the continuation of proceedings on the matter.
Earlier developments had seen the Independent National Electoral Commission (INEC) remove the names of Mark and Rauf Aregbesola from its official records as the party’s National Chairman and Secretary.
The commission said its decision was based on the Appeal Court’s ruling and maintained that it would not recognise any faction until the dispute is fully resolved.
The latest ruling by the Supreme Court is expected to influence the direction of the case as it resumes at the lower court.
