David Mark Scores Legal Victory as Supreme Court Voids ADC Status Quo Order

African Democratic Congress (ADC)

David Mark Scores Legal Victory as Supreme Court Voids ADC Status Quo Order

The Supreme Court has nullified the controversial order that directed the African Democratic Congress (ADC) to maintain the status quo ante bellum in the party’s prolonged leadership crisis, ruling that the Court of Appeal exceeded its powers by issuing the directive after dismissing the substantive appeal before it.

In a unanimous judgment delivered by a five-member panel led by Justice Mohammed Lawal Garba, the apex court held that the Abuja Division of the Court of Appeal acted without jurisdiction when it ordered all parties to maintain the existing situation despite already striking out the appeal filed by one of the rival factions within the party.

The Supreme Court described the order as “unnecessary, unwarranted and improper,” stressing that once the appellate court had dismissed the matter before it, it no longer possessed the authority to issue consequential directives affecting the internal affairs of the party.

The judgment followed an appeal filed by former Senate President Senator David Mark, who has been at the centre of the ADC leadership tussle alongside other party stakeholders. The apex court ruled in his favour in part, although it dismissed the aspect of the appeal challenging an earlier ex parte order of the Federal High Court relating to substituted service of court documents on parties involved in the dispute.

Despite voiding the Appeal Court’s directive, the Supreme Court ordered all parties to return to the Federal High Court for continuation of proceedings on the substantive suit filed by aggrieved members of the party challenging aspects of the ADC leadership structure and congress processes.

The ruling is expected to significantly affect the internal balance of power within the ADC and may influence the position earlier taken by the Independent National Electoral Commission (INEC) regarding the party’s recognised leadership.

On April 1, INEC removed the names of Senator David Mark and former Osun State Governor Rauf Aregbesola from its official portal as the National Chairman and National Secretary of the ADC, respectively. The commission had said the decision was based on the Court of Appeal judgment and the order directing parties to maintain the status quo ante bellum pending the resolution of the dispute.

INEC subsequently announced that it would not recognise any faction of the party until the legal battle was conclusively determined by the courts.

Political observers say the latest Supreme Court ruling weakens the legal basis upon which the electoral commission relied in freezing recognition of the rival camps, although the final determination of the substantive leadership dispute still rests with the Federal High Court.

The ADC has in recent months faced deep internal divisions involving competing claims to leadership positions, disagreements over party administration, and legal battles over the control of party structures ahead of future political alignments and elections.

The Supreme Court’s intervention is expected to reshape the next phase of the dispute as the factions return to the lower court for full hearing of the matter.