BREAKING: Supreme Court restores Mark’s ADC leadership, voids status quo order

In a significant legal pronouncement, Nigeria's Supreme Court has effectively ended a protracted leadership dispute within the African Democratic Congress (ADC) by nullifying a "status quo ante bellum" order. This order, which aimed to maintain the existing state of affairs during the legal battle, was deemed unsustainable by the apex court once proceedings had been conclusively finalized.

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although courts possess inherent powers to make preservative orders to protect the subject matter of litigation, such orders cannot survive once proceedings have been “fully, conclusively and finally concluded.”

The lead judgment, delivered by Justice Mohammed Garba, clarified that while courts possess inherent powers to issue preservative orders, these are strictly tied to ongoing proceedings. Once a case is fully concluded, the basis for such orders dissolves. This ruling directly addresses the legitimacy of actions taken by opposing factions within the ADC, including appointments and congresses conducted during the leadership vacuum.

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once proceedings have been “fully, faithfully, conclusively and finally concluded,” there would be “nothing left for that court to preserve.”

The Supreme Court's decision also touched upon the procedural aspects of the appeal, including the constitutional basis relied upon by the appellants. Justice Garba explained that the specific constitutional provision cited for appeals as of right did not apply in this instance, as the lower court's directive was procedural rather than an injunction. Furthermore, the court stressed that the competence of an appeal hinges on adhering to preliminary requirements, such as obtaining leave when grounds of appeal are not purely legal. Ultimately, the apex court found the preservative orders to be unnecessary and legally unsustainable after the conclusion of proceedings, leading to their setting aside.

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obtaining leave in such circumstances was a “condition precedent” to the validity and competence of the appeal.