Supreme Court Restores David Mark-Led ADC Leadership  …voids Appeal Court order on status quo, rules lower court acted without jurisdiction

The Supreme Court of Nigeria has set aside an order of the Court of Appeal that had directed parties in the African Democratic Congress (ADC) leadership dispute to maintain the status quo ante bellum, in a major ruling affecting the party’s internal power struggle.

A five-member panel of the apex court, led by Justice Mohammed Lawal Garba, unanimously held that the Court of Appeal in Abuja acted outside its jurisdiction when it issued the order after it had already dismissed the substantive matter before it.

The Supreme Court described the lower court’s action as “unnecessary, unwarranted and improper,” stressing that a court cannot make consequential orders in a case it has already struck out.

The ruling effectively vacates the interim restraint that had frozen leadership positions within the ADC, thereby restoring the operational status of the David Mark–led faction pending the final resolution of the dispute.

However, the apex court is yet to deliver a final judgment on the substantive question of which faction holds legitimate control of the party.

The ADC has been embroiled in a prolonged leadership tussle between rival factions laying claim to the national structure of the party.

The dispute escalated through conflicting decisions at the Federal High Court and Court of Appeal, prompting a final escalation to the Supreme Court.

The Independent National Electoral Commission (INEC) had earlier declined to recognise any faction until the legal dispute is conclusively resolved.

While today’s ruling represents a significant procedural victory for the David Mark–aligned leadership, the Supreme Court is expected to return to the core issue of who legally controls the ADC in a final judgment to be delivered at a later date.