The Supreme Court has overturned the order that required the African Democratic Congress (ADC) to maintain its previous status while addressing its leadership crisis.
In a unanimous decision delivered by a five-member panel led by Justice Mohammed Lawal Garba, the court held that the Abuja Division of the Court of Appeal had exceeded its jurisdiction by issuing the order after dismissing a related case brought by one of the factions involved.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted, and improper,” the Supreme Court held.
It held that the appeal filed before it by Senator David Mark succeeded in part, even as it dismissed the aspect challenging an ex parte order the Federal High Court made for service of process in the suit filed by aggrieved members of the party.
The apex court directed the factions to return to the trial court for the continuation of the hearing of the case.
It will be recalled that the Independent National Electoral Commission (INEC) had removed Mark and Rauf Aregbesola from its portal and website as ADC National Chairman and Secretary, respectively, on April 1, citing the Court of Appeal’s judgment.
The electoral body said it would, in line with the order for maintenance of the status quo ante bellum, not recognise any of the warring factions until the legal dispute is determined.