Supreme Court overturns status quo order in ADC leadership case, directs retrial

The Supreme Court has ordered that the leadership dispute within the African Democratic Congress (ADC), involving former Senate President David Mark, be returned to the Federal High Court for hearing and determination.

In a unanimous judgment delivered on Thursday, a five-member panel of the apex court, led by Justice Mohammed Garba, set aside the Court of Appeal’s order directing parties in the case to maintain the status quo.

The court held that the appellate court acted outside its jurisdiction by issuing the status quo order after it had already dismissed the appeal.

The dispute stems from a suit filed by Nafiu Bala, a former vice chairman of the ADC, at the Federal High Court, seeking to stop the Mark-led executive from parading themselves as national officers of the party.

Bala also asked the court to recognise him as acting national chairman, arguing that he remained in office following the exit of the party’s former leadership.

The suit listed the ADC, David Mark, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and party founder Ralph Nwosu as defendants.

Dissatisfied with earlier rulings, Mark had approached the Court of Appeal, which dismissed his appeal as incompetent and ordered parties to maintain the status quo ante bellum.

In its final decision, the Supreme Court agreed that the appeal was premature but nullified the status quo order issued by the appellate court, directing that the matter be returned to the Federal High Court for continuation of hearing.