The Supreme Court has vacated the order directing the African Democratic Congress to maintain status quo ante bellum in its ongoing leadership dispute, effectively restoring the David Mark led leadership.
The apex court, in a unanimous decision delivered by a five member panel headed by Justice Mohammed Lawal Garba, held that the Abuja Division of the Court of Appeal exceeded its jurisdiction by issuing the order after dismissing the case before it.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court held.
The court ruled that the appeal filed by Senator David Mark succeeded in part, although it dismissed the aspect challenging an ex parte order issued by the Federal High Court regarding service of processes in the suit initiated by aggrieved party members.
It further directed all parties involved in the dispute to return to the trial court for continuation of proceedings.
The development follows earlier action by the Independent National Electoral Commission, which had removed David Mark and Rauf Aregbesola from its portal as National Chairman and Secretary of the party on April 1, citing the Court of Appeal judgment.
The electoral body had also stated that it would refrain from recognising any faction of the party pending the resolution of the legal dispute.
