The Supreme Court on Thursday set aside an earlier order of the Court of Appeal that had effectively halted the recognition of former Senate President, David Mark, as the National Chairman of the African Democratic Congress (ADC), describing the order as improper and made in bad faith.
In a unanimous judgment delivered by Justice Mohammed Lawal Garba, the apex court held that the Court of Appeal acted outside proper judicial procedure when it issued a preservative order that was neither requested nor sought by any of the parties involved in the case.
According to the Supreme Court, the lower appellate court’s decision to impose a status quo order—known in legal terms as status quo ante bellum—was unnecessary and unwarranted, especially given that it was not grounded in the reliefs canvassed before it.
The controversial order had earlier been relied upon to justify the Independent National Electoral Commission’s (Independent National Electoral Commission) decision to withhold recognition of the ADC executive committee led by Mark.
With the Supreme Court’s intervention now vacating the order, the implication is that the ADC leadership structure headed by David Mark and other national officers is expected to be restored and formally recognised by INEC.
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The ruling effectively resolves a key legal hurdle that had clouded the party’s internal leadership dispute, reinforcing the authority of the party’s current national executive structure.
The decision is being seen as a significant judicial clarification on the limits of appellate court powers in granting interim preservative orders without a formal request from litigating parties.