The Supreme Court on Thursday voided the order of the Court of Appeal that led to the derecognition of former Senate President, David Mark, as National Chairman of the African Democratic Congress (ADC).
In a unanimous judgment, the apex court held that the preservative order issued by the appellate court was made in bad faith and was both unnecessary and improper.
Delivering the lead judgment, Justice Mohammed Lawal Garba ruled that the Court of Appeal acted outside its bounds by granting an order that was neither sought nor canvassed by any of the parties in the suit.
The disputed order of status quo ante bellum, earlier issued by the Court of Appeal, had formed the basis upon which the Independent National Electoral Commission (INEC) declined to recognise the Mark-led National Executive Committee of the party.
By vacating the order, the Supreme Court effectively restored Mark and other members of the ADC National Executive as the legitimate leadership of the party, directing INEC to accord them due recognition.
The ruling is expected to have far-reaching implications for the ongoing leadership tussle within the ADC, bringing clarity to the party’s national structure.
