The Supreme Court has overturned a Court of Appeal ruling that directed the rival factions of the African Democratic Congress (ADC) to return to the status quo ante bellum.

In a unanimous decision on Thursday, the apex court directed all parties to return to the Federal High Court for the determination of the substantive suit.

In the judgment delivered by Justice Mohammed Lawal Garba, the five-member panel of the Supreme Court held that the Federal High Court was right in directing that all defendants in the substantive suit filed by Nafiu Bala Gombe be put on notice to show cause why the ex parte application should not be granted. 

The Supreme Court also upheld the Court of Appeal’s ruling that the appellants ought to have obtained leave of the lower court before appealing the substantive matter.

“Since the trial court did not grant or refuse the ex parte motion which was brought before it on September 4, 2025, the issue about the jurisdiction of the trial judge cannot be pulled out of thin air,” Mr Garba said, adding that “Therefore, the decision of the Court of Appeal is upheld.”

However, regarding the Court of Appeal’s other pronouncement directing the parties to return to the status quo ante bellum, Mr Garba read that the appellate court cannot grant a perpetual order on a matter still pending at the trial court, adding that such power rests with the trial court.

The dispute ensued from an ex parte suit filed at the Federal High Court by Mr Gombe, an aggrieved member of the ADC, challenging the emergence of former Senate President David Mark as national chairman of the ADC.

In the suit, Mr Gombe urged the court to restrain Mr Mark’s faction from parading itself as the party’s national executive body, and to compel the Independent National Electoral Commission (INEC) to recognise him (Mr Gombe) as the party’s national chairman. 

Mr Gombe, who was a member of the ADC national executive body before Mr Mark’s faction took over leadership, also alleged that his signature was forged on a resignation letter attributed to him.

Upon receipt of the ex parte suit, the Federal High Court ordered Mr Gombe to put Mr Mark’s faction (defendants) on notice. However, rather than filing its defence, Mr Mark’s faction proceeded to the Court of Appeal to challenge the Federal High Court’s jurisdiction to hear the case.

However, the Court of Appeal, in its verdict, dismissed Mr Mark faction’s appeal and ordered all parties to return to the Federal High Court for the hearing of the substantive suit. The Appeal Court further ordered INEC not to recognise Mr Mark’s faction as leaders of the ADC, while also ordering all parties to maintain the status quo ante bellum pending the determination of the substantive suit by the Federal High Court. 

Following this ruling, INEC announced that it would not recognise any faction of the ADC and removed the names of Mr Mark and other members of his executive body from its official portal, citing the need to comply with the court’s directive.

Dissatisfied with the development at the Appeal Court, Mr Mark’s faction approached the Supreme Court, challenging the status quo ante bellum order.