Supreme Court Partly Backs Mark, But Sends ADC Crisis Back to Trial Court

The Supreme Court has set aside the order directing the African Democratic Congress (ADC) to maintain the status quo ante bellum in its ongoing leadership crisis, while instructing all parties to return to the trial court for continuation of the case.

In a unanimous decision delivered by a five-member panel led by Justice Mohammed Lawal Garba, the apex court ruled that the Abuja Division of the Court of Appeal exceeded its jurisdiction by issuing the order after it had already dismissed the appeal before it.

The court held that making such an order in a matter it had earlier struck out was “unnecessary, unwarranted, and improper.”

The Supreme Court further ruled that the appeal filed by Senator David Mark succeeded in part. However, it dismissed the aspect challenging the ex parte order of the Federal High Court, which granted leave for substituted service of court processes in the suit initiated by aggrieved party members.

Despite the partial victory, the apex court made it clear that the substantive issues remain unresolved, directing all factions to return to the trial court for a full hearing.

The development follows an earlier move by the Independent National Electoral Commission (INEC), which on April 1 removed Mark and Rauf Aregbesola from its official portal as ADC National Chairman and Secretary, respectively, citing the Court of Appeal judgment.

INEC had also stated that, in line with the now-vacated order on maintaining the status quo, it would refrain from recognising any faction of the party pending the final determination of the dispute.