The Supreme Court has set aside the order made by the Court of Appeal in Abuja ordering the maintenance of status quo ante bellum in the leadership dispute in the African Democratic Congress (ADC), on which the Independent National Electoral Commission (INEC) acted in derecognising the David Mark-led leadership of the party.
In a unanimous judgment of a five-member panel, the apex court ordered parties to return to the Federal High Court for expeditious hearing of the case filed by an aggrieved chieftain of the party, Nafiu Bala Gombe, challenging, among others, the emergence of the Mark-led leadership of the party.
In the lead judgment, Justice Mohammed Garba held that the Court of Appeal had no business making a preservative order in respect of a case that was pending before the trial court, having determined the interlocutory appeal brought before it by Mark against the September 4 interlocutory decision of Justice Emeka Nwite of the Federal High Court.
The apex court held that the appeal that was filed before it by Senator Mark succeeded in part, even as it dismissed the aspect that challenged an ex parte order the Federal High Court made for service of processes 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.
A three-member panel of the appellate court had dismissed the appeal of David Mark challenging the jurisdiction of Justice Emeka Nwite of the Federal High Court, Abuja, to entertain the suit by Nafiu Gombe on the leadership of the ADC.
The appellate court, in its decision, held that the appeal was not only premature but also brought without leave of the trial court.
It subsequently ordered that the matter be returned to the trial for expeditious hearing, adding that parties should maintain the status quo ante bellum.
Following the order of the status quo, the Independent National Electoral Commission subsequently de-recognised the Mark-led leadership pending the resolution of the authentic leadership of the ADC by the court.
Meanwhile, the party has welcomed the Supreme Court verdict, describing it as “great”.
ADC’s national spokesman, Bolaji Abdullahi, said the development “is a clear affirmation that our party, its structures, and its leadership under our National Chairman, Senator Mark, and our National Secretary, Ogbeni Aregbesola, are legitimate.”
“We commend the five-man panel of the Supreme Court, whose unanimous judgment has today done great credit to the judiciary in our country and our political system,” Abdullahi said.
It, however, said it won’t rest on its laurels despite the verdict, citing events leading up to the judgment, which it said showed a “troubling pattern of interference, bad faith, and attempts to weaken opposition voices in Nigeria”.
“Let it be clearly stated: the ADC will not be intimidated, distracted, or silenced. We remain resolute in our mission to provide Nigerians with a credible alternative.”
The ADC told members, supporters, and other stakeholders in the country’s democracy to “remain vigilant” ahead of the 2027 elections.
