The Supreme Court on Thursday nullified the “status quo ante bellum” order imposed in the leadership crisis rocking the African Democratic Congress (ADC), clearing a major legal hurdle in the protracted dispute involving former Senate President David Mark.
In a unanimous decision, the apex court set aside the directive earlier issued by the Court of Appeal, which had ordered parties to maintain the pre-dispute position pending the determination of the case.
The ruling effectively lifts the restrictions that had frozen the party’s leadership structure and stalled recognition of key officials, including Mark and former Osun State governor Rauf Aregbesola.
Delivering the lead judgment, Justice Mohammed Lawal Garba held that the appellate court acted beyond its jurisdiction by issuing a preservative order after it had already dismissed the appeal before it.
He described the order as unnecessary and improper, stressing that courts can only invoke such powers where there is a subsisting matter to protect.
The dispute centers on a leadership tussle within the ADC, with rival factions laying claim to the party’s national offices.
The crisis had earlier prompted the Independent National Electoral Commission (INEC) to remove Mark and Aregbesola from its portal and decline recognition of any faction pending the outcome of litigation.
At the trial court, aggrieved party members had challenged the emergence of the duo as national officers and sought orders restraining them from acting in those capacities.
The Court of Appeal had ordered parties to maintain the status quo ante bellum—the situation as it existed before the dispute—after dismissing an earlier appeal filed by the Mark-led faction.
But the Supreme Court held that sustaining such an order after proceedings had effectively ended was legally untenable.
It subsequently directed all parties to return to the Federal High Court for the continuation and determination of the substantive suit.
The ruling is expected to reshape the internal dynamics of the ADC as the party navigates its leadership crisis ahead of the next general election.
