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ADC crisis: Supreme Court restores David Mark-led leadership
The Supreme Court of Nigeria has overturned a previous judgment that ordered the African Democratic Congress (ADC) to maintain the status quo ante bellum during its leadership crisis.
In a unanimous decision handed down by a five-man panel presided over by Justice Mohammed Lawal Garba, the highest court in the land declared that the Abuja Division of the Court of Appeal had acted outside its jurisdiction by making the order.
The Supreme Court opined that it was not proper for the appellate court to have made the order since it had earlier rejected the case filed against it by one of the competing factions of the political party.
Once the case was struck out, it became impossible for the appellate court to make any consequential order, including maintaining the status quo.
“Making such an order in a dismissed appeal was unnecessary, unwarranted, and improper,” the Supreme Court held.
It ruled that the appeal filed by Senator David Mark partly succeeded while dismissing the one that questioned the ex parte order for service of processes issued by the Federal High Court in the suit brought against the members of the party who were dissatisfied with the matter.
The Supreme Court ordered the rival groups to go back to the trial court where the matter should proceed.
Let us recall that the Independent National Electoral Commission (INEC) stripped Senator Mark and Rauf Aregbesola of their positions as the Chairman and Secretary of the ADC, respectively, on April 1, based on the judgment of the Court of Appeal.
The commission stated that it would not recognize any of the factions pending the determination of the legal wrangle, following the order for maintenance of status quo ante bellum.
