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Breaking: Supreme Court Overturns Appeal Court Directive Freezing ADC Leadership Dispute

"Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper"

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By Samuel Akpan

Nigeria’s Supreme Court has nullified the directive issued by the Abuja Division of the Court of Appeal that had compelled the African Democratic Congress (ADC) to maintain the status quo ante bellum until its raging leadership crisis is resolved.

In a unanimous ruling delivered by a five-member panel led by Justice Mohammed Garba, the apex court declared that the lower appellate court exceeded its powers by imposing the order after it had already thrown out the matter brought by one of the feuding factions.

“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court held.

The apex court further ruled that the appeal lodged by Senator David Mark succeeded only in part.

 It struck out the portion of the appeal that contested an ex-parte order granted by the Federal High Court for the service of court processes in the suit instituted by aggrieved members of the party.

The Supreme Court then ordered the contending factions to return to the trial court for the substantive hearing of the case to continue without further delay.

It will be recalled that the Independent National Electoral Commission (INEC) had, on April 1, deleted Sen. David Mark and Rauf Aregbesola from its portal and website as the ADC’s National Chairman and National Secretary respectively, citing the earlier judgment of the Court of Appeal.

The electoral umpire had stated that, in compliance with the now-vacated order for the maintenance of the status quo ante bellum, it would not recognise any of the warring factions until the legal tussle is finally determined.

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