The Supreme Court has restored the leadership of the African Democratic Congress (ADC) led by former Senate President, David Mark, after setting aside a controversial order issued by the Court of Appeal.
In a unanimous judgment delivered by a five-member panel headed by Mohammed Lawal Garba, the apex court held that the Abuja Division of the Court of Appeal exceeded its jurisdiction when it directed parties in the ADC leadership crisis to maintain the status quo ante bellum.
The court faulted the appellate court for issuing the order after it had already dismissed the appeal before it, describing the move as “unnecessary, unwarranted and improper.”
While the Supreme Court allowed Mark’s appeal in part, it dismissed the aspect challenging an earlier ex parte order of the Federal High Court relating to service of court processes in the suit filed by aggrieved party members.
The apex court subsequently directed all parties involved in the dispute to return to the trial court for the continuation of proceedings.
The ruling effectively overturns the basis upon which the Independent National Electoral Commission (INEC) had, on April 1, removed David Mark and Rauf Aregbesola as the ADC’s National Chairman and Secretary from its official records.
INEC had earlier stated it would not recognise any faction within the party pending the resolution of the legal dispute.
With the latest judgment, attention now shifts back to the lower court as the legal battle over the party’s leadership continues.
