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The decision, delivered unanimously, set aside the earlier ruling of the Court of Appeal which had directed all parties in the leadership dispute to revert to their previous positions pending the determination of the case.
-Restores David Mark leadership, refers case back to High Court
By Paul Dada
A five-member panel of the Supreme Court on Thursday voided the status quo ante bellum order imposed on the African Democratic Congress (ADC).
The decision, delivered unanimously, set aside the earlier ruling of the Court of Appeal which had directed all parties in the leadership dispute to revert to their previous positions pending the determination of the case.
With this judgment, the David Mark-led leadership of the party is restored while proceedings continue at the Federal High Court.
Earlier, a three-member panel of the Court of Appeal had dismissed an appeal filed by Mark, in which he challenged the jurisdiction of Justice Emeka Nwite of the Federal High Court, Abuja, to hear a suit brought by Nafiu Gombe over the party’s leadership.
The appellate court held that the appeal was premature and filed without the required leave of the lower court. It subsequently ordered that the matter be returned to the Federal High Court for an expedited hearing and directed all parties to maintain the existing arrangement pending a final decision.
Following that directive, the Independent National Electoral Commission withdrew recognition of the leadership faction aligned with Mark until the courts determine the party’s legitimate leadership.
Dissatisfied with the ruling, Mark approached the Supreme Court, seeking to nullify the appellate court’s decision and set aside the order maintaining the status quo.
