The National Legal Counsel of the New Nigeria Peoples Party, NNPP, Magaji Mato (SAN), has elucidated the legal ramifications of a court decree instructing parties to uphold the “status quo” amid the current leadership contention within the African Democratic Congress, ADC.
During his appearance on Arise Television’s Morning Show on Wednesday, Mato articulated that the expression has a distinct and consistent interpretation in law, emphasizing that it necessitates parties to retain the position they held prior to approaching the court.
He detailed that such a decree is usually issued when a conflict exists before the court, directing all involved to keep prevailing arrangements until the substantive case is resolved.
As per his explanation, if the ADC leadership was under Senator David Mark prior to the initiation of the court proceedings, a directive to uphold the status quo signifies that the leadership framework should remain intact until the court renders a final verdict.
Mato observed that the fundamental purpose of the order is to ensure continuity and avert disruption while the matter is being adjudicated.
He additionally mentioned that courts are mandated to preserve the subject matter of litigation at the interlocutory phase, rather than undertake actions that could preempt or undermine the ultimate ruling.
He cautioned that any action opposing the maintenance of the status quo could equate to prematurely resolving the essential issues at play, which is not the aim of the law at that juncture.
Mato asserted: “In law, when you state that parties are to maintain the status quo, there cannot be two divergent interpretations.
“What that essentially implies is that there is a conflict that compelled you to present your case before us, the judges. We are now indicating that, pending our deliberation on the substantive matter you have brought to determine the rights of the involved parties, you should maintain the status quo, which entails continuing to operate as you currently are.
“Thus, if the ADC leadership was previously led by Senator David Mark before going to court by Nafiu Gombe, then if the Court of Appeal has issued that directive to maintain the status quo, it fundamentally means ‘continue with the David Mark-led leadership, pending the determination of who truly holds the leadership position’. This is essential because the system must proceed.
“The court must consistently protect the case, ensuring the subject matter of litigation is safeguarded. The court cannot annihilate the subject matter of litigation at an interim or interlocutory phase.
“The court is always expected to issue an order that sustains the essence that is to be adjudicated by them.
“If the court states that it is no longer this, then it implies that the court itself has resolved the ultimate subject matter, which is not the intention of the law at the interlocutory phase. What the court should do is preserve the case, and nothing else.”
