By Ayomide Otitoju
The Supreme Court of Nigeria has set aside an order of the Court of Appeal Nigeria directing parties to maintain the status quo ante bellum in the leadership crisis of the African Democratic Congress.
In a unanimous judgment delivered by a five-member panel, the apex court held that the appellate court lacked the authority to issue a preservative order in a matter still pending before the trial court.
Justice Mohammed Garba, who delivered the lead judgment, ruled that the Court of Appeal had overstepped its bounds after determining an interlocutory appeal filed by David Mark.
The dispute centres on a suit filed by an aggrieved party chieftain, Nafiu Bala Gombe, challenging the emergence of the Mark-led leadership of the party.
The Supreme Court partially upheld Mark’s appeal but dismissed aspects contesting an earlier ex parte order of the Federal High Court on service of court processes.
It subsequently directed all parties to return to the Federal High Court for accelerated hearing and resolution of the substantive case.
