By Our Reporter

The Supreme Court on Thursday returned Senator David Mark as leader of African Democratic Congress, ADC, while also setting aside the “status quo ante bellum” order made in the leadership crisis rocking the party, ruling that the preservative directive could not validly continue after proceedings had effectively been concluded.

Justice Mohammed Garba, who delivered the lead judgement of the apex court held that while courts possess inherent powers to issue preservative orders to protect the subject matter of litigation, such powers cannot be exercised where there is “nothing left” to preserve.

The judgment arose from the legal battle over the recognition of former Senate President, David Mark, and former Osun State governor, Rauf Aregbesola, as National Chairman and National Secretary of the ADC, respectively.

The first respondent had approached the trial court through an originating summons, accompanied by motions seeking interim and interlocutory injunctions restraining the Independent National Electoral Commission from recognising Mark and Aregbesola as officers of the party pending the determination of the substantive suit.

The plaintiff also sought orders restraining the duo from parading themselves as national officers of the party, occupying the party’s national headquarters, and carrying out functions connected to the disputed offices.

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.

However, 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.

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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.

He described the requirement for leave as a “condition precedent” to the competence of the notice of appeal.

“The competence of the notice of appeal goes to the jurisdiction of the court,” the justice held, adding that failure to obtain the necessary leave rendered the appeal incompetent.

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.

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.l

By Saint Mugaga

A former Kaiama local government chairman, Hon. Abubakar Sadiq Ahmed has declared his intention to contest for the House of Representatives seat to represent Kaiama/Baruten federal constituency of Kwara State, under the platform of the Peoples Democratic Party (PDP).

In a letter intent addressed to both Chairmen Kaiama and Baruten of the PDP, and made available to the media, on Sunday, he said “I Abubakar Sadiq Ahmed of Bani ward, Kaiama LGA, hereby formally notify the leadership of our great party, the Peoples Democratic Party, (PDP), of my intention to contest for the House of representatives seat, to represent Kaiama/ Baruten federal constituency in the forthcoming general elections”.

Sadiq, a grassroots politician, served the party and the good people of Kaiama in various capacity, as councillor Bani ward, Vice chairman and subsequently the executive chairman of of Kaiama LGA and as member 2014 National conference.

“In each of these roles, Hon Sadiq has worked closely with the grassroots to deliver democracy dividends and strengthen the PDP at all levels”.

He also assured the leadership and the good people of the constituency that if given a chance, he would advocate for good and quality education, healthcare, and youth empowerment as well as policies that would improve the lives of the ordinary people.

Sadiq, while pledging total loyalty to the party, promise to abide by the rules, guidelines and decisions of the leadership of the party, “I therefore humbly seek the support, blessings and nomination of our great party to fly the PDP flag in the forthcoming general elections, he said”.

…Stresses Unity, Accountability

Stakeholders in Esit Eket Local Government Area of Akwa Ibom State on Wednesday declare support for the reelection of President Bola Ahmed Tinubu, Senate President Godswill Akpabio, Senator Ekong Sampson, and the Member of the House of Representatives, Hon. Okpolupm Etteh.

The Stakeholders, who made the declaration at a Town Hall Meeting, resolved to focus on unity of purpose, sustainable development and social democracy.

The meeting, attended by political leaders, entrepreneurs, elders, women and youth groups, emphasised collective responsibility in advancing the collective interest of Esit Eket to enhance growth and opportunities.

The gathering also encouraged indigenes of Esit Eket to embrace Arise Agenda and Renewed Hope by mobilising support for the Second term bids of President Bola Ahmed Tinubu, Governor Umo Eno, Senate President Godswill Akpabio, Senator Ekong Sampson and Rt Hon Okpolobom Etteh.

Setting the tone, a former Managing Director of the Niger Delta Development Commission (NDDC), Sir Barr. Bassey Dan Abia Snr. described the gathering as community-driven, noting that participation in such engagements remains a civic responsibility and progressive politics.

“For the avoidance of doubt, this is the Esit Eket Stakeholders meeting. Regardless, we are overwhelmingly APC in Esit Eket and part of the ruling party in Akwa Ibom and Nigeria. Our agenda is how to move Esit Eket forward and recalibrate its growth paths. We must also be conscious of what happens to our community and its people,” he said.

Also speaking, a former member and spokesperson for the House of Representatives and currently, Special Adviser to the President of the Senate on Media and Publicity, Hon. Eseme Eyiboh, called for accountability and transparency in the management of the PIA commonwealth, particularly the Host Community Development Trust (HCDT)fund, urging relevant authorities to interrogate the several governance breaches and misrepresentations in the management and implementation of the Host Community Development Trust Fund. Be it is a community development interventionist fund, we must not rest on oars but keep our eyes on the ball.

“We are here to provide a platform for everyone to ask questions,seek answers and participate in every acts of civil and political rights unimpeded,” he stated.

A former Speaker of the Akwa Ibom State House of Assembly, Barr. Bassey Essien, also addressed the gathering, while ex-lawmaker, Hon. Usoro Akpanusoh urged the council chairman to convene a broader stakeholders’ meeting. He maintained that zoning remains critical in political stability and expressed confidence that the state government would uphold the principle in every circumstance.

Akpanusoh reaffirmed support for Hon. Etteh in the House of Representatives, noting that the zoning favours Ibeno, while backing Senator Sampson for the Senate. He further advised that a delegation be sent to the paramount ruler to formally convene a broader Stakeholders’ meeting to address series of development concerns of the Local Government.

The meeting featured contributions from representatives of the three zones in Esit Eket.

Speaking for Zone A, Prince Godwin Peter commended the unity among stakeholders and pledged alignment with community decisions, stressing that Hon. Etteh should be given the opportunity for the second term.

For Zone B, Dr. Victor Dan Ikott described the political direction as “a straight path,” affirming support for Tinubu, Akpabio, Sampson and Etteh, while noting that the State House of Assembly position would be decided by the zone.

Representing Zone C, Senior Christ Servantl, Martins Umoyo endorsed a second term for Governor Umo Eno alongside Tinubu, Akpabio and Etteh, urging continued confidence in the current leadership in the State and our Nigeria nation..

Speaking on behalf of women, Mercy Sam called for increased development efforts and inclusion of women in governance, emphasizing the need for visible impact in the community.

Youth representative, Comrade Bassey Bassey Abia, pledged the support of young people for the decisions of the elders, while urging that indigenous interests be protected.

The meeting concluded with a renewed call for unity, transparency, and inclusive leadership as stakeholders seek to chart a common political path for Esit Eket ahead of future elections.