Supreme Court sets aside order de-recognising David Mark’s leadership of ADC

The Supreme Court has nullified a Court of Appeal order that had led to the derecognition of David Mark as National Chairman of the African Democratic Congress (ADC) and Rauf Aregbesola as the party’s National Secretary.

In a ruling delivered on Thursday, the apex court remitted the suit filed by Nafiu Bala Gombe, which challenged the legitimacy of the David Mark-led leadership, to the Federal High Court in Abuja for final determination.

The Supreme Court described the preservative order issued by the Court of Appeal—which the Independent National Electoral Commission (INEC) relied on to derecognize the ADC executive committee as “unwarranted, improper, and in bad faith.”

Justice Mohammed Lawal Garba, delivering a unanimous judgment, stated that the Court of Appeal had overstepped its authority by issuing an order that was not requested by any party in the dispute.

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Previously, the Court of Appeal had issued a status quo antem bellum order that prompted INEC to derecognize the ADC executive committee under David Mark.

However, Justice Garba noted that since the appeal by David Mark had already been struck out as incompetent, the court had no jurisdiction to issue a preservative order in a matter yet to be adjudicated on its merits.

According to the apex court, such orders are appropriate only after a case has been fully determined or when a trial court seeks to prevent the destruction of the subject matter of a suit or to avoid creating a fait accompli for a party.

With the vacatur of the Court of Appeal’s order, INEC is now expected to formally recognize David Mark and the other national officers as ADC leaders.

The controversy began when Nafiu Bala Gombe approached the Federal High Court in Abuja, questioning the legality of the leadership of David Mark and Rauf Aregbesola.

In an ex-parte application, Gombe sought an interim injunction to prevent them from acting as ADC leaders. Justice Emeka Nwite declined to grant the request, instead directing Gombe to notify David Mark to show cause why an interim order should not be issued.

Rather than responding to the high court’s directive, David Mark challenged the jurisdiction of the Federal High Court at the Court of Appeal.

While the appeal was dismissed as incompetent, the appellate court nonetheless issued an order aimed at preserving the main matter, despite no case being pending before it at the time.

The Supreme Court’s ruling clears the path for David Mark and Nafiu Bala Gombe to return to the Federal High Court, where proceedings on the legality of Mark’s leadership will resume on a date to be fixed by the court.