BREAKING: Supreme Court Rules Appeal Court Overstepped in ADC Leadership Crisis

The Supreme Court has ruled that the Court of Appeal in Abuja acted beyond its jurisdiction in the leadership crisis plaguing the African Democratic Congress (ADC), delivering a major legal victory to the faction led by former Senate President David Mark.

In a unanimous decision by a five-member panel headed by Justice Mohammed Lawal Garba, the apex court vacated the order that had directed the ADC to maintain status quo ante bellum pending the determination of the dispute.

The Supreme Court held that the lower appellate court had no basis to issue such an order after it had already dismissed a substantive case 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 court ruled.

The panel further held that the appeal filed by Senator David Mark succeeded in part. While the court dismissed the aspect challenging an ex parte order from the Federal High Court regarding service of processes, the core ruling effectively nullified the freeze on the party’s leadership structure.

The apex court directed all factions in the dispute to return to the trial court for the continuation of the hearing.

Implications for INEC

The ruling directly impacts the Independent National Electoral Commission (INEC), which had on April 1 removed Mark and Rauf Aregbesola as ADC National Chairman and Secretary, respectively, from its portal and website. The commission had cited the Court of Appeal’s judgment and the status quo order as its reason for withholding recognition from any of the warring factions.

With the Supreme Court’s decision, INEC is now expected to review its position, though the commission has yet to issue an official statement. The electoral body had previously stated it would not recognise any faction until the legal dispute is fully determined.

All parties have now been instructed to return to the Federal High Court for the continuation of the hearing, leaving the final resolution of the ADC leadership tussle still pending before the trial court.

Details later..