By Ebiere Kekeboro
The Supreme Court of Nigeria on Thursday nullified an order of the Court of Appeal directing parties in the leadership crisis rocking the African Democratic Congress to maintain status quo ante bellum, describing the directive as “unnecessary, unwarranted and improper.”
In a unanimous judgment delivered by a five-member panel led by Justice Mohammed Lawal Garba, the apex court held that the appellate court acted without jurisdiction by issuing the order after it had already dismissed the appeal before it.
The court said, “Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper.”
The ruling followed an appeal filed by former Senate President, David Mark, challenging aspects of the decisions arising from the protracted leadership dispute within the party.
The apex court held that Mark’s appeal succeeded in part but dismissed his challenge to an earlier ex parte order of the Federal High Court which permitted substituted service of court processes on parties in the suit.
Consequently, the Supreme Court directed all parties involved in the dispute to return to the trial court for continuation of hearing and determination of the substantive issues.
The judgment effectively sets aside the basis upon which the Independent National Electoral Commission had acted in recognising the uncertainty surrounding the party’s leadership.
INEC had, on April 1, removed the names of Mark and former Osun State Governor, Rauf Aregbesola, from its website as National Chairman and Secretary of the ADC, respectively, citing the Appeal Court’s directive on maintaining the status quo.
The electoral body had also stated that it would refrain from recognising any faction of the party pending the resolution of the legal tussle.
With the Supreme Court’s latest decision, the legal battle over the authentic leadership of the ADC remains unresolved, as the substantive matter is now set to be determined by the trial court.