The Supreme Court of Nigeria has nullified a contentious “status quo ante bellum” directive issued in the prolonged leadership dispute within the African Democratic Congress (ADC), ruling that such an order cannot stand after a case has been fully concluded.
In the lead judgment delivered by Justice Mohammed Garba, the court acknowledged that while courts have the authority to issue preservative orders to safeguard the subject of litigation, those powers are limited to ongoing proceedings.
He stressed that once a matter has been “fully, conclusively and finally concluded,” there is nothing left for the court to protect, making any such order invalid.
The apex court therefore upheld the appeal and struck out the directive that sought to maintain the status quo in the dispute between rival factions within the party.
The case centres on disagreements over the ADC’s leadership structure, including contested appointments and congresses conducted by opposing groups.
Justice Garba explained that the initial order to maintain the status quo was intended to prevent any party from taking actions that could undermine the court’s authority while the case was still active.
However, he ruled that such measures cannot extend beyond the lifespan of the proceedings.
The court also examined the legal grounds of the appeal, particularly the reliance on Section 241(1)(f)(ii) of the 1999 Constitution, which allows appeals as of right in certain interlocutory matters involving injunctions.
Justice Garba held that the provision was not applicable in this instance, further reinforcing the court’s decision to dismiss the validity of the order.
