The Supreme Court has affirmed the factional African Democratic Congress (ADC) led by the former Senate President, David Mark.
themomentng recalls that the ADC dispute followed actions by the Independent National Electoral Commission (INEC), which declined to recognise some claimants to leadership positions in the party, citing earlier court rulings and pending litigation.
INEC also removed Mark and Rauf Aregbesola from its portal and website as ADC National Chairman and Secretary, respectively, citing the Court of Appeal’s judgment.
The electoral body said it would, in line with the order for maintenance of the status quo ante bellum, not recognise any of the warring factions until the legal dispute is determined.
However, in its ruling on Thursday, the Supreme Court vacated the order directing the ADC to maintain the status quo ante bellum pending the determination of its leadership crisis.
The apex court, in a unanimous decision by a five-member panel headed by Justice Mohammed Lawal Garba, held that the Abuja Division of the Court of Appeal acted beyond its jurisdiction by unilaterally issuing such an order after it had already dismissed a case that was brought before it by one of the factions.
The Supreme Court held.“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper.”
It held that the appeal that was filed before it by Senator David 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 to continue the hearing of the case.
