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The Supreme Court has set aside an earlier directive that compelled the African Democratic Congress (ADC) to maintain the status quo pending the resolution of its leadership dispute, effectively strengthening the position of the faction led by David Mark.
In a unanimous judgment delivered by a five-member panel headed by Mohammed Lawal Garba, the apex court ruled that the Abuja Division of the Court of Appeal exceeded its authority by issuing the order after it had already dismissed the appeal before it.
The court described the directive as inappropriate, noting that issuing such an order in a matter that had already been struck out was “unnecessary and unwarranted.”
While partly upholding the appeal filed by Mark, the Supreme Court dismissed his challenge against an earlier ex parte order of the Federal High Court, which had permitted substituted service of court processes in the suit initiated by aggrieved party members.
The justices further instructed all parties involved in the dispute to return to the trial court for continuation of proceedings.
The leadership tussle had earlier prompted the Independent National Electoral Commission (INEC) to delist Mark and Rauf Aregbesola from its official records as ADC National Chairman and Secretary on April 1, citing the appellate court’s ruling.
INEC had maintained that, in line with the now-vacated order to preserve the status quo, it would refrain from recognising any faction of the party until the dispute is conclusively resolved.
