…Strikes Down Court Of Appeal’s ‘Status Quo’ Order
THE SUPREME Court has vacated the controversial order by the Court of Appeal that had deepened the leadership crisis within the African Democratic Congress (ADC) and increased political tension in Nigeria, effectively restoring former Senate President David Mark as the party’s recognised leadership pending further judicial review.
A five-member panel of the apex court, headed by Justice Mohammed Lawal Garba, delivered a unanimous judgment on Thursday setting aside the lower court’s directive that all parties maintain the status quo ante bellum – the state of affairs before the dispute – in the protracted leadership tussle.
The Supreme Court held that the Abuja Division of the Court of Appeal had acted beyond its jurisdiction when it unilaterally issued that preservative order after already dismissing the substantive appeal brought before it by one of the warring factions.
Justice Garba, in the lead judgment, criticised the appellate court for raising the issue “suo motu” (on its own initiative, without any party requesting it) and subsequently issuing the status quo order.
Justice Garba described the directive as “unnecessary, unwarranted and improper,” especially given that the Court of Appeal had already struck out the appeal.
The Supreme Court affirmed that no court can issue any form of preservative order in a case that remains pending before a trial court after having already disposed of the appeal relating to it.
While allowing Senator Mark’s appeal in part, the apex court dismissed the aspect of his challenge that questioned an ex-parte order issued by a Federal High Court concerning the service of court processes.
Crucially, the Supreme Court directed all factions in the ADC leadership dispute to return to the Federal High Court for the continuation of the substantive hearing, ordering that the matter be resolved from there.
The leadership crisis, which began as an internal transition disagreement in mid-2025, has had tangible political consequences.
The Independent National Electoral Commission (INEC) had, on April 1, removed Mark and his ally, Rauf Aregbesola as the ADC National Chairman and Secretary, respectively, from its official portal and website.
The electoral body cited the now-vacated Court of Appeal judgment ordering the maintenance of the status quo ante bellum, announcing that it would not recognise any faction until a final legal determination is reached.
That position, which has left the ADC without an officially recognised leadership structure, could have far-reaching implications for the party’s ability to participate as a viable opposition platform in the 2027 general elections.
The Mark-led faction, which insists it emerged through due process, has pointed to a series of National Executive Committee (NEC) decisions in 2025, including the July 29 ratification of a caretaker leadership.
Relying on Articles 13, 17(3), and 17(4) of the ADC constitution, the faction argues that the NEC is empowered to administer the party and fill vacancies properly.
It further contends that requirements such as the two-year membership rule were lawfully waived through NEC resolutions to accommodate coalition-building, and notes its initial recognition by INEC in September 2025, alongside its conduct of congresses and a National Convention, as affirmations of its legitimacy.
With the Supreme Court’s latest ruling, the party’s factions now return to the Federal High Court, where the core legal battle over the ADC’s authentic leadership will be finally decided.
