Supreme Court Voids Status Quo Order in ADC Crisis, Sends Parties Back to Trial Court

By James Adams

ABUJA — The Supreme Court has set aside an order directing parties in the African Democratic Congress (ADC) leadership dispute to maintain the status quo, ruling that the Court of Appeal exceeded its powers.

In a unanimous decision, a five-member panel led by Justice Mohammed Lawal Garba held that the appellate court acted without jurisdiction when it issued the order after dismissing the appeal before it.

The apex court described the directive as “unnecessary, unwarranted and improper,” noting that such an order could not validly arise from a matter that had already been struck out.

The court partly upheld an appeal filed by former Senate President, Senator David Mark, but dismissed aspects challenging an earlier ex parte order of the Federal High Court relating to service of court processes.

It subsequently directed all parties involved in the dispute to return to the Federal High Court for continuation of proceedings.

The leadership tussle had earlier prompted the Independent National Electoral Commission (INEC) to remove the names of David Mark and Rauf Aregbesola as the party’s National Chairman and Secretary from its official records on April 1.

INEC had maintained that it would not recognise any faction pending the final resolution of the legal dispute, in line w
with the now-vacated status quo order.

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