The Supreme Court of Nigeria has set aside a controversial “status quo ante bellum” order issued during the leadership crisis within the African Democratic Congress, ruling that such a directive cannot stand after proceedings conclude.
In a lead judgment, Justice Mohammed Garba held that courts can issue preservative orders to protect the subject matter of a case, but those orders must end once the court fully resolves the dispute.
The court allowed the appeal and nullified the order that had maintained the status quo ante bellum between rival factions of the party. The ruling followed a prolonged legal battle over the ADC’s leadership structure, including disputes over appointments and congresses conducted by opposing groups.
Justice Garba explained that the trial court introduced the directive to prevent any party from taking actions that could undermine the outcome of the case while proceedings continued. However, he stressed that such powers apply only during active litigation.
He stated that once proceedings reach a final conclusion, no issue remains for the court to preserve. Therefore, any attempt to sustain the directive beyond that point lacks legal foundation.
The apex court also examined the competence of the appeal and the constitutional provisions cited by the appellants. Justice Garba ruled that Section 241(1)(f)(ii) of the 1999 Constitution did not apply because the trial court did not grant or refuse an injunction but issued procedural measures.
He added that the appellants needed prior leave of court since their grounds of appeal involved mixed law and facts. The court described this requirement as a condition precedent.
Despite these findings, the court still reviewed the lower courts’ actions and concluded that sustaining the order after proceedings ended remained legally unsustainable.
