The Supreme Court has vacated the order of the Court of Appeal which was responsible for the derecognition of David Mark, Rauf Aregbesola as National Chairman and Secretary of the African Democratic Congress, ADC, respectively.
This is as the Court remitted the suit by Nafiu Bala Gombe, challenging the David Mark led national leadership of the ADC to the Federal High Court in Abuja for final adjudication.
The apex court on Thursday held that the preservative order by the Court of Appeal which the Independent National Electoral Commission, INEC, acted upon to de-recognize David Mark Executive Committee was in bad faith, unnecessary, unwarranted and improper.
In a unanimous judgment of the Supreme Court, Justice Mohammed Lawal Garba held that the Court of Appeal ought not to have made such order because it was not sought by any of the parties in the matter.
The Court of Appeal had issued an order of status quo antem bellum upon which the ADC exco under Mark was de-recognized by INEC.
Justice Garba held that since the Court of Appeal had struck out Mark’s appeal for being incompetent, it ought not to have issued the preservative order as a consequential order in a matter not yet heard on its merit.
The apex held that such order can only be made after a matter has been fully determined or by a trial court to prevent the subject matter of a case from being destroyed or foist a faith accompli on a party.
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With the vacation of the order, David Mark and the other national officers are to be recognized as ADC leaders by the electoral body.
Nafiu Bala Gombe had dragged Mark, Rauf Aregbesola and other national officers before the Federal High Court in Abuja challenging the legality or otherwise of their leadership.
In an ex-parte he argued at the Federal High Court praying for interim order of injunction to stop Mark and others from parading themselves as ADC national leaders, Justice Emeka Nwite declined to grant the request and instead ordered Gombe to put Mark on notice to show cause on why the interim order should not be issued against them.
However, rather than appearing before the high court to show cause, Mark opted for Court of Appeal where he challenged the power of the high court to hear Gombe’s suit.
The Court of Appeal dismissed Mark’s appeal for being incompetent but proceeded to issue order of preservation of the main matter when no suit was pending before it.
Meanwhile, Mark and Gombe are expected to return to the federal high court to resume battle on the legality or otherwise of Mark’s leadership at a date to be fixed by the federal high court.
Crediblenewsng.com
