Supreme Court Restores David Mark-led ADC Leadership, Vacates Status Quo Order
By Victor Idajili
The Supreme Court on Thursday ended weeks of uncertainty in the African Democratic Congress (ADC) after it restored the David Mark-led National Executive Committee of the party.
In a unanimous decision, the five-member panel led by Justice Mohammed Lawal Garba set aside the “status quo ante bellum” order issued by the Court of Appeal, Abuja, in the leadership dispute.
The legal tussle escalated when the Independent National Electoral Commission (INEC), citing the appellate court’s order, removed the names of the Mark-led executives from its portal and stopped accepting correspondence from either faction until the case was resolved.
The suit was filed by Nafiu Bala Gombe, who is challenging his removal as vice chairman. He sued ADC National Chairman David Mark, National Secretary Rauf Aregbesola, and other officers over the legality of their leadership.
The apex court ruled that the Court of Appeal’s status quo order was “unnecessary, unwarranted and improper,” having already dismissed the appeal challenging the jurisdiction of the Federal High Court, Abuja, for being incompetent.
According to the panel, the ex parte injunctive order directing the Mark-led executives to show cause was not a definitive order, making the appeal against it premature.
The court also held that the appeal was defective because it was filed against an interlocutory order without first seeking leave of court, as required by the Court of Appeal Rules.
“Ordering status quo ante bellum in respect of the proceeding before the high court was unnecessary, unwarranted and improper,” Justice Garba said. He added that after determining the interlocutory appeal, the Court of Appeal lacked power to issue preservative orders on a matter still pending before the lower court.
The Supreme Court directed the factions to return to the Federal High Court, which retains jurisdiction, to continue hearing the substantive suit.
The decision clears the way for the David Mark-led leadership to function while the case continues at the trial court.
