The Supreme Court has asked parties to return to the Federal High Court for the determination of the suit filed by Bala Gombe against the David Mark-led African Democratic Congress (ADC).
The court sets aside the Appeal Court decision that asked partiea to maintain status quo ante-bellum
The Apex court said the right order that should have been made was to mask paries to return tkbthe high court.
The Court, however, dismissed part of the appeal on the ground that it was defective.
The apex court describe the appeal filed by the ADC has defective having failed obtained the leave of the court before filing the appeal.
The leave of the court is a condition precedent before the appeal filed can be valid.
The court described the appeal as being defective and incompetent, having failed to seek the leave of the court before being filed.
The court of appeal is right and the appeal filed by the appellant is incompetent, having failed to meet the condition precedent.
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