The Supreme Court on Thursday set aside a controversial “status quo ante bellum” order made in the protracted leadership crisis rocking the African Democratic Congress, holding that the preservative directive could not validly subsist after proceedings had been concluded.
In a lead judgment delivered by Justice Mohammed Garba, the apex court held that although courts possess inherent powers to make preservative orders to protect the subject matter of litigation, such orders cannot survive once proceedings have been “fully, conclusively and finally concluded.”
The court subsequently allowed the appeal and nullified the order sustaining the status quo ante bellum in the dispute involving rival factions of the ADC leadership.
The judgment arose from the legal battle over the party’s leadership structure, including the legitimacy of appointments and congresses conducted by opposing factions within the party.
Justice Garba, in the judgment, explained that the trial court’s directive maintaining the status quo ante bellum was essentially a preservative order intended to prevent parties from taking steps capable of foisting a fait accompli on the court while proceedings were ongoing.
The justice, however, held that such powers must be exercised only in relation to live proceedings.
According to him, once proceedings have been “fully, faithfully, conclusively and finally concluded,” there would be “nothing left for that court to preserve.”
