Nigeria’s apex court has nullified an earlier directive by the Court of Appeal in Abuja which ordered parties in the leadership dispute within the African Democratic Congress (ADC) to maintain the status quo ante bellum.
In its ruling, the Supreme Court set aside the appellate court’s order—an order that had prompted the Independent National Electoral Commission (INEC) to withdraw recognition of the leadership led by former Senate President, David Mark.
Delivering a unanimous judgment, a five-member panel of the court directed all parties involved in the dispute to return to the Federal High Court for an accelerated hearing of the substantive suit.
The case was instituted by an aggrieved party chieftain, Nafiu Bala Gombe, who is challenging, among other issues, the emergence of the current leadership.
In the lead judgment, Justice Mohammed Garba faulted the Court of Appeal for issuing what he described as a preservative order in a matter still pending before a trial court.
He held that the appellate court overstepped its bounds, especially after it had already ruled on the interlocutory appeal brought before it.
The apex court noted that while the appeal filed by Senator Mark succeeded in part, it dismissed the aspect contesting an earlier ex parte order by the Federal High Court concerning the service of court processes in the suit.
Consequently, the Supreme Court directed that the case be returned to the trial court for continuation of proceedings.
The controversy stemmed from an earlier ruling by a three-member panel of the Court of Appeal, which dismissed an appeal filed by David Mark challenging the jurisdiction of Justice Emeka Nwite to hear the case brought by Nafiu Bala Gombe.
The appellate court had described the appeal as premature and filed without proper leave of the trial court.
It subsequently ordered that the matter return to the lower court for speedy hearing, while also directing parties to maintain the status quo ante bellum.
Following that directive, INEC acted by derecognising the Mark-led leadership pending judicial resolution of the dispute.
Reacting to the Supreme Court judgment, the ADC leadership welcomed the decision, describing it as a positive development for both the party and the country’s democratic system.
The party’s National Publicity Secretary, Bolaji Abdullahi, said the ruling affirms the legitimacy of the party’s leadership structure under Senator Mark and National Secretary Rauf Aregbesola.
“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 stated.
Despite the favourable ruling, the party cautioned against complacency, citing what it described as a pattern of interference and attempts to undermine opposition voices.
“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 statement added.
The party further urged its members, supporters, and stakeholders to remain vigilant as the country approaches the 2027 general elections.
