The Supreme Court of Nigeria has nullified a controversial “status quo ante bellum” order in the leadership tussle within the African Democratic Congress, ruling that such directives cannot remain in force after a case has been fully concluded.
Delivering the lead judgment, Justice Mohammed Garba held that while courts have the authority to issue preservative orders to safeguard the subject matter of litigation, those powers are limited to the duration of active proceedings.
“The court has inherent jurisdiction to make preservative orders,” he said, “but such orders cannot subsist once proceedings have been fully, conclusively and finally determined.”
The apex court consequently allowed the appeal and set aside the order that had maintained the status quo between rival factions contesting the leadership of the party.
The dispute centres on disagreements over the structure of the ADC leadership, including the validity of appointments and congresses conducted by opposing groups within the party.
Justice Garba explained that the earlier directive by the trial court was intended to prevent any party from taking actions that could undermine the judicial process while the matter was still pending.
However, he noted that once the case had been concluded, “there is nothing left for the court to preserve,” rendering the continuation of such an order legally unsustainable.
The court also addressed procedural issues surrounding the appeal. It ruled that the constitutional provision allowing appeals as of right in certain interlocutory matters did not apply in this instance.
According to the judgment, the lower court did not grant or refuse an injunction but merely issued a procedural order. As a result, the appellants were required to obtain leave before filing the appeal.
“Obtaining leave in such circumstances is a condition precedent to the competence of the appeal,” Justice Garba stated, adding that any defect in the notice of appeal affects the jurisdiction of the court.
Despite these observations, the Supreme Court proceeded to examine the validity of the lower court’s order and ultimately struck it down, directing that all pending matters be handled in accordance with the law.
The ruling is expected to have significant implications for the ongoing leadership crisis within the ADC, particularly concerning the recognition of its leadership structure.
