By Uche Onyeali
An aspirant for the Oshodi-Isolo Federal Constituency II seat in the House of Representatives, on the platform of the African Democratic Congress, ADC, Hon. Philip Ikechukwu Onwuka has congratulated the national chairman, Senator David Mark, and other members of the National Working Committee, NWC, of the party on the just delivered verdict of the Supreme Court.
The apex court on Thursday, April 30, 2026, restored the Senator Mark-led leadership of the ADC, upturning an earlier judgememnt of the Appeal Court which ordered a return to “status quo ante bellum” in the leadership tussle of the party.
However, setting aside the appellate court verdict in its Thursday judgement, the Supreme Court held that the preservative directive could not validly continue after proceedings had effectively been concluded.
In a lead judgement delivered by Justice Mohammed Garba, the apex court held that while courts possess inherent powers to issue preservative orders to protect the subject matter of litigation, such powers could not be exercised where there is “nothing left” to preserve.
First respondent in the matter had approached the court through an originating summons seeking interim and interlocutory injunctions restraining the Independent National Electoral Commission, INEC, from recognising the former Senate president and former Osun State governor, Rauf Aregbesola, as national chairman and national secretary of the ADC, respectively.
Nonrtheless, proceedings reviewed by the Supreme Court showed that when the ex parte application came up before the trial court on September 4, 2025, the judge declined to immediately grant the interim reliefs and instead directed that the respondents be put on notice.
According to the proceedings cited by Justice Garba, the trial court held that “the interest of justice would be met by putting the other parties on notice” to show cause why the reliefs sought should not be granted.
The matter was subsequently adjourned for hearing after service on the respondents.
An appeal was later filed challenging the orders made by the lower court, including directives that parties should maintain the “status quo ante bellum” pending determination of the dispute.
But the Supreme Court held that the trial court neither granted nor refused an application for injunction but merely issued procedural and preservative directions.
Justice Garba ruled that Section 241(1)(f)(ii) of the 1999 Constitution, which provides for appeals as of right in matters involving injunctions, did not apply in the circumstances of the case.
The justice held that because the appeal did not arise from an actual order granting or refusing an injunction, leave of court was required before a valid appeal could be filed.
The apex court also clarified the legal scope of “status quo ante bellum” orders, describing them as preservative measures aimed at preventing parties from taking steps capable of foisting a fait accompli on the court during pending proceedings.
Justice Garba said courts possess inherent jurisdiction to make preservative orders to protect the subject matter of litigation.
The Supreme Court further held that sustaining the status quo ante bellum order after the relevant proceedings had ended effectively transformed the directive into an unwarranted injunction.
The apex court, therefore, clarified that “status quo ante bellum” meant the state of affairs existing before the occurrence of the controversial event that gave rise to the dispute, and subsequently allowed the appeal and set aside the order.
Reacting to the judgement in a statement made available to the media, Onwuka described it as victory for democracy and generality of Nigerians.
He expressed confidence in the capability of Senator Mark and the entire ADC leadership to usher in a government t that would maintain democratic principles and offer Nigerians a fresh breathe through sound socio-economic policies.