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Nigeria’s Supreme Court has struck down a legal order that had frozen the leadership structure of the African Democratic Congress (ADC), ruling that courts cannot “preserve” a dispute once proceedings have effectively ended.

The decision marks a critical turn in the battle for control of the party between a faction led by former Senate President David Mark and former Osun State Governor Rauf Aregbesola, and their internal rivals. The apex court set aside a “status quo” directive, describing it as an “unwarranted injunction” that had overstayed its legal welcome.

The ruling serves as a stern reminder from Nigeria’s highest court that judicial “preservative powers” are not indefinite.

‘Nothing Left to Preserve’

Justice Mohammed Garba, delivering the lead judgment, clarified the limits of a court’s power to maintain the status quo ante bellum—the state of affairs before a dispute began.

Key Findings of the Apex Court:

• Expiry of Powers: The court held that while judges can issue orders to protect the subject of a lawsuit, these powers only apply to ongoing cases. Once a matter is concluded, there is “nothing left” to preserve.
• Procedural Failures: The court ruled that the appeal against the initial trial court’s directions was “incompetent” because the appellants failed to obtain the necessary legal permission (leave of court) before filing.
• Jurisdictional Clashes: The justices noted that because the trial judge had originally directed that all parties be put on notice rather than granting an immediate injunction, the right to a direct appeal did not apply.

Analysis: A Victory for Procedural Rigour

For the ADC, a party often positioned as a “third force” in Nigerian politics, this judgment is less about who leads and more about how they get there. By setting aside the “status quo” order, the Supreme Court has effectively cleared the judicial fog that had settled over the positions of David Mark and Rauf Aregbesola.

The court’s focus on “leave of court” as a “condition precedent” highlights a growing trend in the Nigerian judiciary to punish “lazy” litigation. For political actors, the message is clear: technical accuracy is just as important as political strategy. This ruling does not end the leadership crisis. Still, it forces the combatants back to the lower courts to fight their battle “in accordance with the law,” rather than hiding behind temporary preservative orders that have outlived their purpose.

The Fight for Headquarters

The original legal challenge sought to bar Mark and Aregbesola from “parading themselves” as national officers or occupying the ADC’s national headquarters in Abuja. While those opposing the duo had hoped for a long-term freeze on their activities, the Supreme Court has now insisted that the case must be determined on its substantive merits.

The apex court has directed that all pending processes before the lower courts now proceed. As the 2027 election cycle begins to flicker on the horizon, the ADC must resolve its internal schisms through a final, conclusive judgment.