Supreme Court criticizes Court of Appeal orders in ADC case, returns…

The Supreme Court on Thursday set aside orders passed by the Court of Appeal in the African Democratic Congress, ADC, leadership dispute, ruling that the appellate court acted improperly by issuing directions after dismissing the appeal before it.

The supreme court’s decision was quickly interpreted Thursday night as reinstating the leadership of ADC Senator David Mark.

Recall that INEC had argued that in line with the directive to preserve the status quo ante bellumat the direction of the Court of Appeal, it would refrain from recognizing any faction within the party pending the final resolution of the legal dispute.

The Supreme Court’s latest intervention is expected to reopen the proceedings in the lower court, setting the stage for a substantive determination of the leadership tussle within the party.

In a unanimous judgment delivered by a five-member bench led by Justice Mohammed Lawal Garba, the supreme court said: “Issuing such an order in an appeal which had already been rejected was unnecessary, unjustified and improper.”

The ruling partly favored David Mark, whose appeal was partially accepted. The court, however, dismissed his challenge to an earlier ex parte order of the Federal High Court regarding service of process in the case filed by the aggrieved members of the ADC.

The Supreme Court has ordered all factions in the ADC leadership tussle to return to the Federal High Court for continuation of proceedings, effectively restarting the legal battle.

The ruling does not declare David Mark the substantive leader of the ADC. Rescinds the post-dismissal orders of the Court of Appeals and instructs the lower court to decide the leadership issue on the merits.

Recall that the Independent National Electoral Commission on April 1 removed from its portal the names of David Mark and Rauf Aregbesola as President and National Secretary of the ADC, citing the Court of Appeal decision.

INEC had said it would maintain the status quo ante bellum and would not recognize any faction until the dispute was finally resolved.

Thursday’s ruling will resume proceedings in the lower court to determine the merits of the party’s leadership.

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