ADC: Supreme Court Voids INEC’s Stand On Mark’s  Leadership, Says Lower Court Acted In Bad Faith, Returns Case To It

By Ayodele Oni 

The Supreme Court on Thursday ordered all factions in the African Democratic Congress (ADC) leadership tussle to return to the Federal High Court for continuation of proceedings, effectively restarting the legal battle.

The Apex Court also set aside orders made by the Court of Appeal in the ADC leadership dispute, ruling that the appellate court acted improperly by issuing directives after it had dismissed the appeal before it. It accused the Court of acting in bad faith.

The decision was quickly interpreted as restoration of Senator David Mark leadership of the ADC.

The Independent National Electoral Commission (INEC) had maintained that, in line with the directive to preserve the status quo ante bellum, directed by the Court of Appeal, it would refrain from recognising any faction within the party pending the final resolution of the legal dispute.

The Supreme Court’s latest intervention is expected to reopen proceedings at 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 panel led by Justice Mohammed Lawal Garba, the apex court held: “Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper.”

The ruling favoured David Mark, whose appeal succeeded in part. The court, however dismissed his challenge to an earlier ex parte order of the Federal High Court concerning service of processes in the suit filed by aggrieved ADC members.

The judgement does not however declare David Mark the substantive leader of the ADC. It nullifies the Court of Appeal’s post-dismissal orders and directs the trial court to determine the leadership question on the merits.

INEC had, on April 1, removed the names of David Mark and Rauf Aregbesola as ADC National Chairman and Secretary from its portal, citing the Court of Appeal decision.

INEC explained that  it would maintain the status quo ante bellum and not recognise any faction until the dispute was finally resolved.

With Thursday’s ruling, proceedings will now resume at the lower court for a substantive determination of the party’s leadership.