By Sofiat Adenekan-Abdul
The Supreme Court of Nigeria has set aside a “status quo ante bellum” order in the leadership dispute within the African Democratic Congress (ADC), ruling that such a directive cannot stand after proceedings have been concluded.
In a lead judgment delivered by Mohammed Garba, the apex court held that preservative orders are only valid when a case is still active, noting that there must be a subject matter to protect.
The ruling followed a legal dispute over the recognition of David Mark and Rauf Aregbesola as National Chairman and National Secretary of the ADC.
The court explained that while lower courts can issue temporary orders to maintain stability during litigation, such powers cannot be extended beyond the life of the case.
According to the judgment, the trial court did not grant or refuse an injunction but issued procedural directives, including asking parties to maintain the existing situation pending further hearing.
Justice Garba ruled that because no formal injunction was granted, any appeal required prior leave of court. He described this requirement as a “condition precedent” for a valid appeal.
“The competence of the notice of appeal goes to the jurisdiction of the court,” he stated, adding that failure to obtain leave rendered the appeal invalid.
The court further clarified that “status quo ante bellum” orders are meant to prevent parties from taking actions that could undermine ongoing proceedings.
However, it stressed that once a case has been “fully, faithfully, conclusively and finally concluded,” such orders lose their legal basis.
The apex court held that continuing the order beyond that point effectively turns it into an unjustified injunction.
The decision underscores the limits of interim court orders and reinforces the principle that judicial directives must align with the stage of proceedings.
The court also directed that all pending matters before the lower court be resolved in accordance with the law.
