The Supreme Court of Nigeria has set aside a key ruling by the Court of Appeal in the leadership dispute within the African Democratic Congress, directing parties to return to the trial court for the continuation of the case.

In a unanimous judgment delivered by a five-member panel led by Mohammed Garba, the apex court held that the appellate court acted beyond its jurisdiction by ordering parties to maintain the status quo ante bellum after dismissing the appeal.

“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the court ruled.

The dispute involves former Senate President David Mark and rival factions within the party. The Supreme Court nullified the status quo order, which had earlier prompted the Independent National Electoral Commission to withdraw recognition of the Mark-led leadership.

While allowing Mark’s appeal in part, the court upheld the position that he ought to have sought leave before filing an interlocutory appeal at the appellate level.

The apex court subsequently directed all parties, including those aligned with Nafiu Bala Gombe, to return to the Federal High Court of Nigeria for the hearing and determination of the substantive suit.

The case originates from a suit filed by Gombe, who challenged the emergence of Mark and Rauf Aregbesola as leaders of the party. He is seeking to restrain INEC from recognising the Mark-led executives and to be recognised instead as acting national chairman.

Reacting to the ruling, the ADC described the judgment as a significant affirmation of its leadership structure, though it cautioned against what it called attempts to undermine opposition parties.

The Supreme Court also emphasised the need for an expeditious hearing of the case, effectively returning the matter to the trial stage where the core issues will now be fully determined.