The Supreme Court on Thursday nullified a contentious “status quo ante bellum” directive issued during the leadership crisis within the African Democratic Congress (ADC), ruling that such an order cannot remain in force after a case has been fully concluded.
Delivering the lead judgment, Justice Mohammed Garba explained that while courts have the authority to issue preservative orders to protect the subject of litigation, those measures are only valid while proceedings are ongoing—not after they have been decisively resolved.
The apex court therefore upheld the appeal and struck down the order that had maintained the previous state of affairs in the dispute between rival factions of the party’s leadership.
The case stemmed from a prolonged internal conflict within the ADC over leadership positions, including disagreements surrounding appointments and congresses conducted by opposing groups.
Justice Garba clarified that the lower court’s directive was originally intended to prevent any party from taking actions that could undermine the court’s authority while the matter was still being heard. However, he emphasized that once proceedings are concluded, there is nothing left for such an order to protect.
The court also examined the validity of the appeal itself, noting that the constitutional provision cited by the appellants—Section 241(1)(f)(ii) of the 1999 Constitution—did not apply in this instance. According to the judgment, the lower court did not grant or refuse an injunction but merely issued procedural directions.
Furthermore, the Supreme Court held that since the appeal involved more than purely legal questions, prior leave of court was required. Failure to obtain this, Justice Garba noted, affects the jurisdiction of the court and renders the appeal defective.
Despite these issues, the apex court went ahead to review the lower court’s actions and ultimately ruled that maintaining the status quo after proceedings had ended was both unnecessary and legally untenable.
The court accordingly set aside the order and directed that all pending matters before the lower court be resolved in line with the law.
More details are expected to follow.
- Punchng