ADC logo and court gavel
Supreme Court has overturned an earlier directive by the Court of Appeal in Abuja which ordered parties to maintain the status quo ante bellum in the ongoing leadership crisis within the African Democratic Congress (ADC).
The appellate court’s ruling had prompted the Independent National Electoral Commission (INEC) to withdraw recognition of the faction led by former Senate President, David Mark.
However, in a unanimous decision delivered by a five-member panel, the apex court nullified that order and instructed all parties involved in the dispute to return to the Federal High Court for a speedy resolution of the matter.
The case was initiated by an aggrieved party chieftain, Nafiu Bala Gombe, who is contesting, among other issues, the legitimacy of the emergence of the Mark-led leadership.
Delivering the lead judgment, Justice Mohammed Garba ruled that the Court of Appeal overstepped its bounds by issuing a preservative order on a matter that was still pending before the trial court. He noted that once the appellate court had resolved the interlocutory appeal filed by Mark—challenging the September 4 ruling of Justice Emeka Nwite of the Federal High Court—it had no basis to impose further directives affecting the substantive case.
The Supreme Court partly upheld Mark’s appeal but dismissed the aspect challenging an earlier ex parte order of the Federal High Court, which permitted substituted service of court documents on parties in the suit.
Ultimately, the apex court directed all factions within the ADC to resume proceedings at the Federal High Court, where the substantive issues surrounding the party’s leadership are to be determined without further delay.
Channels
