The Supreme Court has vacated the order that directed the the African Democratic Congress (ADC) to maintain status quo ante bellum pending the determination of its leadership crisis.
The apex court, in a unanimous decision by a five-member panel headed by Justice Mohammed Lawal Garba, held that the Abuja Division of the Court of Appeal acted beyond its jurisdiction by unilaterally issuing such an order after it had already dismissed a case that was brought before it by one of the factions.
“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court held.
It held that the appeal that was filed before it by Senator David Mark succeeded in part, even as it dismissed the aspect that challenged an ex parte order the Federal High Court made for service of processes in the suit filed by aggrieved members of the party.
The apex court directed the factions to return to the trial court for continuation of hearing of the case.
It will be recalled that the Independent National Electoral Commission (INEC) had removed Mark and Rauf Aregbesola from its portal and website as ADC National Chairman and Secretary, respectively, on April 1, citing the Court of Appeal’s judgment.
The electoral body said it would, in line with the order for maintenance of the status quo ante bellum, not recognise any of the warring factions until the legal dispute is determined.
Source – BarristerNG.com
(vitalnewsngr.com)
