Senior Advocate of Nigeria Oba Maduabuchi has offered a detailed legal perspective on the recent Supreme Court decisions involving the African Democratic Congress and the Peoples Democratic Party, arguing that both cases reveal deeper procedural and structural issues within Nigeria’s political system.
On the ADC matter, Maduabuchi was blunt. According to him, the party “had no business” approaching the Supreme Court of Nigeria in the first place because there was no valid appeal from the lower court. He explained that the case originated from an interlocutory issue at the Federal High Court, which required proper leave before escalation.
He further criticized the Court of Appeal for exceeding its authority by issuing orders not requested by any party, particularly the directive to maintain “status quo ante bellum.” In his view, once the appellate court determined there was no valid appeal, it should have ended proceedings there. The Supreme Court, he noted, rightly corrected that overreach while dismissing other arguments brought before it.
Maduabuchi also addressed the role of the Independent National Electoral Commission, defending its actions during the controversy. He argued that the commission acted within the law when it initially removed David Mark, interpreting the court order as restoring the situation before the dispute began.
Turning to the PDP, the senior lawyer said the Supreme Court ruling has largely resolved the issue of factional leadership. He stated that the judgment effectively invalidated claims by rival factions, particularly those linked to Sam Anyanwu, emphasizing that the court declared they lacked standing within the party.
However, he clarified that while certain leadership claims were nullified, the broader party structure remains intact. According to him, the PDP still exists as a political entity, but leadership questions tied to specific conventions and executives must align with the court’s findings.
Maduabuchi also noted that ongoing cases at the Federal High Court mean the legal battles are far from over, especially within the ADC. He advised the party to consider internal resolution rather than prolonged litigation, warning that time constraints tied to electoral timelines could prove costly.
On a separate suit seeking the deregistration of parties including ADC and others, he questioned the legal standing of the plaintiffs and argued that constitutional amendments must be applied prospectively, not retroactively.
Overall, the SAN concluded that while the courts have clarified key legal questions, political actors must now resolve internal conflicts or risk undermining their own prospects ahead of future elections.
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