The Supreme Court has set aside the earlier order by the Abuja division of the Court of Appeal ordering the African Democratic Congress (ADC) to maintain status quo ante bellum in the leadership dispute rocking the party, upon which the Independent National Electoral Commission (INEC) had acted to derecognise the David Mark-led leadership of the party.
In a unanimous judgment of a five-member panel, yesterday, the Court ordered parties to return to the Federal High Court for expeditious hearing of the case filed by an aggrieved chieftain of the party, Nafiu Bala Gombe, challenging among others, the emergence of the Mark-led leadership of the party.
Justice Mohammed Garba, in the lead judgment, held that the Court of Appeal had no business making a preservative order in respect of a case that was pending before the trial court, having determined the interlocutory appeal brought before it by Mark against the September 4 interlocutory decision of Justice Emeka Nwite of the Federal High Court.
In setting aside the Court of Appeal’s order, Justice 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.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court held.
“The Sou moto directive for status quo ante bellum was unwarranted and improper. The said directive is hereby set aside. This appeal succeeds on this issue,” Justice Garba held.
He held that the appeal that was filed by Senator 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 consequently upheld the preliminary objection filed by the respondents and directed the factions to return to the trial court for continuation of hearing of the case.
It upheld the preliminary objection by the respondents in declaring the ground of appeal on jurisdiction incompetent.
The apex court noted that failure by the appellants to seek and obtain leave before appealing the decision of the trial court rendered his appeal incompetent.
“By the provision of section 241 (1) of the 1999 constitution, the appellants need leave of court to appeal.
The court held that the trial court was right by declining the ex parte order by Gombe and directing that the Mark led-leadership be put on notice.
It said the preservative order was made to regulate and control proceedings of the court in the interest of justice.
“The court has inherent powers to make preservative orders in respect of matters before it so as to render the subject matter before it nugatory.
The ADC had, in its appeal marked SC/CV/180/2026, which was filed by Senator Mark, argued that the appellate court exceeded its jurisdiction by ordering maintenance of the status quo ante bellum in a suit filed by aggrieved party members led by Gombe.
He contended that the dispute involves a political party’s domestic affairs, in which courts lack jurisdiction to intervene.
Beside Gombe, other respondents in the appeal include the ADC, the National Secretary, Rauf Aregbesola, the Independent National Electoral Commission (INEC) and the immediate past national chairman of the party, Chief Ralph Nwosu.
Mark sought, among other reliefs, an order restraining INEC from recognising anyone other than him and the current national officers, pending the determination of the appeal.
He also requested orders barring INEC from altering the party’s leadership structure as currently constituted and staying proceedings in Suit No. FHC/ABJ/CS/1819/2025 before Justice Nwite at the Federal High Court, Abuja, until the appeal is heard.
While adopting their brief of argument, Mark’s legal team, led by Mr. Okutepa, insisted that the dispute was a non-justiciable internal party matter, as previously held by the Supreme Court.
Although INEC did not file any process to either support or counter the appeal, however, all the other respondents except Gombe, urged the apex court to allow the appeal.
They maintained that the trial court was properly seized of facts of the case that is still pending before it.
Justice Nwite of the Federal High Court had, on April 14, adjourned indefinitely, hearing of the substantive case that Gombe filed to sack the Senator Mark-led leadership of the ADC.
Justice Nwite said he could not proceed with the matter in view of the related issue before the Supreme Court.
He ruled that proceeding would amount to judicial rascality, while the related appeal was pending before the Supreme Court.
Credit: The Sun