*Apex Court Vacates Status Quo Ante Bellum Order, Returns Case To FHC
FORMER vice president, Atiku Abubakar, has warned Nigerians against celebrating too early, following Supreme Court’s affirmation of David Mark as leader of the African Democratic Congress (ADC), saying the real political battle still lies ahead, even as the processes of next year’s general elections heat up.
Atiku, in a statement, said the judgment was a validation of the party’s leadership and a call for sustained national resolve, adding: “Even as we welcome the Supreme Court’s firm affirmation of Senator David Mark and the leadership of our great party, the African Democratic Congress, no one should be lulled into complacency
“This victory belongs to Nigerians, the millions who have refused to surrender their future. The road ahead remains long in our collective mission to reclaim and rebuild our country.”
While rallying ADC supporters, the former vee pee urged them to stay engaged as the political contest deepens, adding: “We thank them, and we urge them to remain steadfast, because the struggle is far from over.
“As we press on, let this enduring truth guide us: Eternal vigilance is the price of liberty.”
The apex court had, in a unanimous judgment earlier on Thursday, April 30, set aside the order made by the Court of Appeal (Abuja Division) for the paries involved to maintain status quo ante bellum in the leadership tussle, upon which the Independent National Electoral Commission (INEC) derecognising the Mark-led leadership.
The five-member panel ordered parties to return to the Federal High Court for expeditious hearing of the case filed by an aggrieved chieftain of the party, Nafiu Bala Gombe, challenging, among others, the emergence of the Mark-led leadership.
In the lead judgment, Justice Mohammed Garba held that the Court of Appeal had no business making a preservative order in respect of a case that was pending before the trial court, having determined the interlocutory appeal brought before it by Mark against the September 4 interlocutory decision of Justice Emeka Nwite of the Federal High Court.
It held that the appeal that was filed before it by Mark succeeded in part, even as it dismissed the aspect that challenged an ex parte order the Federal High Court made for service of processes in the suit filed by aggrieved members of the party.
The court directed the factions to return to the trial court for the continuation of the hearing of the case.
Recall that a three-member panel of the appellate court had dismissed Mark’s appeal challenging the jurisdiction of Justice Nwite to entertain the suit by Gombe, saying the appeal was not only premature, but also brought without leave of the trial court.
It subsequently ordered that the matter be returned to the trial for expeditious hearing, adding that parties should maintain the status quo ante bellum.
Following the order, INEC de-recognised the Mark-led leadership, pending the resolution of the authentic leadership of the ADC by the court.
