Supreme Court returns ADC suit to trial court, sets aside status quo Ante Bellum order
The Supreme Court on Thursday directed parties involved in the leadership dispute within the African Democratic Congress (ADC) to return to the Federal High Court for determination of the substantive issues.
The Supreme Court on Thursday directed parties involved in the leadership dispute within the African Democratic Congress (ADC) to return to the Federal High Court for determination of the substantive issues.
In a unanimous judgment, the apex court also nullified the order of the Court of Appeal which had directed all parties to maintain the status quo ante bellum.
Delivering the lead judgment, Justice Mohammed Garba held that the appellate court erred by raising, suo motu, the issue of preserving the existing state of affairs—an issue not canvassed by any of the parties—before proceeding to grant the order.
The court further held that it was inappropriate for the lower court to issue any preservative directive in a matter still pending before the trial court.
Garba described the order directing parties to maintain the status quo ante bellum, made after the appeal had been struck out and an accelerated hearing ordered, as “unnecessary, unwarranted and improper.”
