The Supreme Court of Nigeria on Thursday set aside the “status quo ante bellum” order earlier issued by the Court of Appeal in the ongoing leadership crisis within the African Democratic Congress (ADC), effectively restoring the executive faction led by David Mark.
In a unanimous decision delivered by a five-member panel headed by Justice Mohammed Lawal Garba, the apex court held that the appellate court’s directive maintaining the status quo was unnecessary and legally unsustainable under the circumstances.
The ruling followed an appeal challenging the validity of orders issued during the protracted dispute between rival factions within the party over its leadership structure, including contentious congresses and appointments.
Justice Garba, while delivering the lead judgment, explained that orders of status quo are essentially preservative in nature, intended to prevent parties from taking steps that could prejudice ongoing proceedings. However, he stressed that such orders are only applicable where proceedings are still active.
“Once a matter has been fully, faithfully, conclusively, and finally determined, there is nothing left for the court to preserve,” the court held.
The apex court further examined the competence of the appeal, ruling that the constitutional provision relied upon by the appellants—Section 241(1)(f)(ii) of the 1999 Constitution—was inapplicable, as the lower court’s directive did not amount to a grant or refusal of an injunction.
It also held that since the grounds of appeal were not purely based on points of law, the appellants were required to obtain leave of court before filing the appeal. Failure to do so rendered the appeal incompetent.
Despite these findings, the court proceeded to evaluate the substance of the case and ultimately nullified the order sustaining the status quo ante bellum, describing it as procedurally misplaced after the conclusion of relevant proceedings.
The judgment effectively restores the leadership structure headed by David Mark, which had earlier faced uncertainty following its delisting by the Independent National Electoral Commission (INEC).
The court also directed that all pending matters before the lower court be continued and determined strictly in accordance with the law.
The ruling marks a significant development in the ADC leadership tussle, with potential implications for the party’s internal stability and positioning ahead of future political contests.