The Supreme Court has vacated the order directing the African Democratic Congress (ADC) to maintain the status quo ante bellum pending the determination of its leadership crisis.
The apex court, in a unanimous decision by a five-member panel headed by Justice Mohammed Lawal Garba, held that the Abuja Division of the Court of Appeal acted beyond its jurisdiction by unilaterally issuing such an order after it had already dismissed a case brought before it by one of the factions.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court held.
The court ruled that the appeal filed before it by Senator David Mark succeeded in part, while dismissing the aspect challenging the ex parte order issued by the Federal High Court for the service of processes in the suit filed by aggrieved members of the party.
The apex court directed the factions to return to the trial court for the continuation of hearing in the case.
It will be recalled that the Independent National Electoral Commission (INEC) had, on April 1, removed Mark and Rauf Aregbesola from its portal and website as ADC National Chairman and National Secretary, respectively, citing the Court of Appeal’s judgment.
The electoral body stated that, in line with the order maintaining the status quo ante bellum, it would not recognise any of the warring factions until the legal dispute is resolved.
