ENUGU, Nigeria (VOICE OF NAIJA)- The Supreme Court of Nigeria on Thursday restored the leadership of David Mark in the African Democratic Congress (ADC), setting aside a controversial “status quo ante bellum” order issued during the party’s ongoing leadership dispute.
In a lead judgment delivered by Justice Mohammed Garba, the apex court held that the preservative order could not stand since the proceedings it sought to protect had already been concluded.
The ruling effectively resolves a major legal question in the crisis over the recognition of Mark as National Chairman and Rauf Aregbesola as National Secretary of the party.
The dispute originated from a suit filed at the trial court, where the plaintiff sought to restrain the Independent National Electoral Commission (INEC) from recognising the duo as national officers of the ADC.
The plaintiff also requested orders barring them from parading themselves as party leaders, occupying the national secretariat, or performing official functions pending the determination of the case.
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However, records reviewed by the apex court showed that when the application came up on September 4, 2025, the trial court declined to grant interim reliefs immediately and instead directed that all parties be put on notice.
The court subsequently issued procedural directives, including an order for parties to maintain the “status quo ante bellum,” pending further proceedings.
Dissatisfied, an appeal was filed challenging the lower court’s orders.
But in its judgment, the Supreme Court held that the trial court neither granted nor refused any injunction, noting that what was issued were merely procedural and preservative directives.
Justice Garba ruled that such orders do not qualify for appeal as of right under Section 241(1)(f)(ii) of the 1999 Constitution, which applies only where an injunction has been granted or refused.
He stressed that the failure to obtain leave of court before filing the appeal rendered it incompetent.
“The competence of the notice of appeal goes to the jurisdiction of the court,” the justice held, describing the requirement for leave as a fundamental legal condition.
The apex court further clarified that “status quo ante bellum” orders are temporary measures aimed at preserving the subject matter of litigation and preventing parties from taking actions that could undermine judicial proceedings.
However, Justice Garba emphasised that such powers are limited to ongoing cases and cannot be sustained once proceedings have been fully concluded.
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According to him, “once proceedings have been fully, faithfully, conclusively and finally concluded, there would be nothing left for that court to preserve.”
The court warned that allowing such an order to persist beyond its purpose effectively transforms it into an improper injunction.
Consequently, the Supreme Court allowed the appeal, set aside the status quo order, and directed that all pending processes before the lower court be determined in accordance with the law.
The judgment marks a significant development in the ADC leadership tussle, reinforcing the legal recognition of Mark and Aregbesola in their respective roles within the party.