S’Court sets aside status quo ante bellum order

Ebun Emmanuel –April 30,2026

The Supreme Court has set aside the order made by the Court of Appeal in Abuja directing the maintenance of status quo ante bellum in the leadership dispute in the African Democratic Congress (ADC).

The order was why the Independent National Electoral Commission (INEC) derecognised the David Mark-led leadership of the party.

The court, in a unanimous judgment of a 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 of the party.

Justice Mohammed Garba, in the lead judgment, 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.

Justice Garba said courts possess inherent jurisdiction to make preservative orders to protect the subject matter of litigation.

He, however, stressed that such powers are exercisable only in relation to ongoing proceedings.

According to him, once proceedings have been “fully, faithfully, conclusively and finally concluded,” there would be “nothing left for that court to preserve.”

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.

Justice Garba described “status quo ante bellum” as the state of affairs existing before the occurrence of the controversial event that gave rise to the dispute.

The apex court subsequently allowed the appeal and set aside the order.

It also directed that all pending processes before the lower court be determined in accordance with the law.