Nigeria’s Supreme Court has overturned a previous court directive in the ongoing leadership dispute within the African Democratic Congress (ADC), bringing a new turn to the party’s internal crisis.
In its decision delivered on Thursday, the apex court set aside the “status quo ante bellum” order earlier issued during the case. The court ruled that such an order cannot remain in place once the legal proceedings have been completed.
Justice Mohammed Garba, who delivered the lead judgment, explained that courts have the authority to issue temporary orders to protect a case while it is still being heard. However, he noted that these orders are only valid during active proceedings. According to him, once proceedings have been “fully, conclusively and finally concluded,” there would be “nothing left for that court to preserve.”
The ruling followed an appeal linked to the leadership struggle within the ADC, where different factions have been contesting control of the party, including disputes over appointments and congresses.
Justice Garba explained that the earlier directive by the trial court was meant to prevent either side from taking actions that could affect the final outcome of the case. Still, he maintained that such measures cannot continue after the case has ended.
The court also reviewed the appeal process itself and found issues with how it was filed. It stated that the constitutional provision cited by the appellants did not apply because the trial court did not grant or refuse an injunction but only issued procedural steps.
In addition, the court said the appeal required prior approval since it was not based solely on points of law. Justice Garba described obtaining such approval as a “condition precedent” for the appeal to be valid.
Despite these findings, the Supreme Court went further to examine the earlier orders and concluded that keeping the status quo after the case had ended was unnecessary and not supported by law.
The court therefore nullified the order and directed that any remaining matters before the lower court should be handled according to legal procedures.
