₦airaland Forum

Definition Of Status Quo Ante Bellum

Akapo v. Hakeem-Habeeb (1992) 6 NWLR (Pt. 247) 266

On the Meaning of 'Status quo ante bellum-

The literal meaning of status quo ante bellum is the state of affairs before the beginning of hostilities. (P.303, para. F)Per NNAEMKKA-AGU J.S.C. at page 303, paras. F-G:

"So, the status quo that ought to be maintained in this case is the state of affairs that existed before the defendants' forcible take over of the management and control of the family properties which constitutes the wrongful act complained of in the application. See Thomson v. Park (1944) 1 K.B. 408."

Per OGUNDARE, J.S.C. at page 311, para. C: "I have given careful consideration to submissions made by learned counsel in respect of the question of maintaining the status quo helium. What is the meaning of this phrase' It can only mean the situation or position prevailing before the defendants' conduct complained of by the plaintiff."

Source

Oga, tell Tinubu to prepare for elections and face his opponents at the polls. His fear is palpable and it's beginning to demoralise APC supporters. Nigeria is not Lagos and will never be. There are no Kings. State of ante whatever by your definition will entail Ralph Nwosu coming back to assume chairmanship of the party despite properly resigning, not so? Tinubu has no pathway to re-election and he knows it.

Don't mind those party hijackers and structure of criminality. They thought status quo ante bellum was when Bala Gombe went to court, but it was actually the very day hostilities began when those coalition of losers bought ADC through the back door.

They can continue to deceive their gullible supporters and turn the law upside down, their tears and wailings will not stop the law from taking its course.

AMINDA:
Oga, tell Tinubu to prepare for elections and face his opponents at the polls. His fear is palpable and is beginning to demoralise APC supporters. Nigeria is not Lagos and will never be. There are no Kings. State of ante whatever by your definition will entail Ralph Nwosu coming back to assume chairmanship of the party despite properly resigning, not so? Tinubu has no pathway to re-election and he knows it.

Wrong!
With 32 governors, see Tinubu's path to easy and massive re-election below!

At least, we can all see that INEC made the right call by de-recognizing the David Mark camp. Doing otherwise would have been a violation of the order of the Court of Appeal.

seunmsg:
At least, we can all see that INEC made the right call by de-recognizing the David Mark camp. Doing otherwise would have been a violation of the order of the Court of Appeal.

INEC did well derecognizing those imposters. As long as Nwosu had resigned, the next senior exco member takes over. At the time those imposters came from SDP where they had chased them away, they were never a member of ADC.

Every learned person knows status quo ante bellum, except when it gets to Tinubu’s turn, where it mysteriously acquires a new meaning.

‘Return to status quo,’ they say.
But the status quo is the David Mark–led ADC executive, since nature and politics abhors a vacuum.

Yet INEC now appears to be deliberately creating one.

If there wasn't any internal party issue, court wouldn't have been involved

Those at the ADC should have themselves to be blamed

seunmsg:
At least, we can all see that INEC made the right call by de-recognizing the David Mark camp. Doing otherwise would have been a violation of the order of the Court of Appeal.

Are you more knowledgeable on the matter than seasoned lawyers? Nigeria is at the brink. It will be wise not to put your reputation on the line by supporting this for tribal reasons. Unless you are personally benefitting from it.

For those who are happy about what is happening in Nigeria and how INEC and the court are helping to destroy this country, listen to Femi Falana on the issue of ADC/INEC pic.twitter.com/Vj00QYd6oq

— DGov (@omoluabi1sq) April 2, 2026

Putindbutt:
INEC did well derecognizing those imposters. As long as Nwosu had resigned, the next senior exco member takes over. At the time those imposters came from SDP where they had chased them away, they were never a member of ADC.

Yes but you have not told us how can someone who also resigned take over?

Nigeria is a nation of over 200 million people. It will be disingenuous for any one man to think he can impose himself on the people by being the only candidate on a ballot. International pressure groups are already paying attention to the matter. We all now understand Obasanjo when he tried to prevent INEC from declaring Tinubu as president.

https://x.com/batten_von/status/2039806668351906006

seunmsg:
At least, we can all see that INEC made the right call by de-recognizing the David Mark camp. Doing otherwise would have been a violation of the order of the Court of Appeal.

This case the person posted is cut-and-join.... Let me take you down memory lane; Akapo Vs Hakeem-Habeeb & Ors.

Akapo was elected Chief Ojora of Lagos to handle properties scattered all over Lagos owned by the Ojora family; The family has a Constitution (Terms of Settlement) enacted 17/12/64 that the Chief Ojora as head & other members of the Family Council (involving extended family members) are responsible for collecting all levies and rents from their many properties in Lagos,12 must form a quorum. Due to deaths, they hadn't formed a quorum for a long time hence on 22/4/84, they removed Akapo in a meeting not convened by him. The family continued as before to share rent until dissatisfied that Akapo was still benefitting, some members on 1/4/85, drove out all persons, seized the receipt books including cash in one of their properties and on 7/4/85, formed a caretaker committee (excluding Akapo) to oversee collection of all rents and levies in all their properties and published same on newspapers This committee started managing and renting out offices to persons blocking same from the Chief Ojora, Akapo.

Akapo went to the Lagos High Court, that he wanted all monies returned, injunction barring the said caretaker committee from entering or leasing any of the offices or properties belonging to the Ojoras, that he is also entitled to same as Chief Ojora. The High Court said No, he didn't suffer any damages and it will not grant the injunction because he didn't file the suit quick enough, again, the properties needed to be managed hence granting the injunction will have effect on the management, hence all monies to be collected by the caretaker committee be paid to the Lagos State Registry pending when the suit is successfully dealt with.

Akapo went to the Appeal Court and by 1-2 lost again, he approached the Supreme Court and won. The Supreme Court held that any meeting not convened by him cannot stand and granted the injunction but again in law, you look at the lead judgement. Other supporting or opposing judgements, are called orbiters, and are not quoted or used as base/foundation.
Mind you, this was an interlocutory appeal.

The lead Judgement was read by Justice Karibi-Whyte on 10/7/92. Nnaemeka Agu was just a member of a panel of 5, but I will still deal with the matter here;

Some things are instructive:
1. There was some disagreement prior to the formation of the caretaker committee.

2. There was no meeting because of the lack of quorum.

3. Any meeting must be convened by the Chief Ojora, Akapo.


status quo Vs status quo ante are both restraining orders urging parties to hold forth.

In "Mr. Kolawole Oronti Vs Alhaji S. A. Onigbanjo (2012)":
The Supreme Court, per Mary Odili JSC held "
“…Status quo ante bellum means the state of affairs existing before the case was filed.”

This is the latest Supreme Court Judgement and will hold fast and trite than the previous ones. The very slight difference is that whilst status quo talks about State of matters as it were, status quo ante is before the war.

Now to ADC.

David Mark & Aregbesola were brought in on July 2 (on interim basis). They hadn't started acting at the time despite the speeches they made, they were only pre-coronated. That they were endorsed did not mean they had taken over. They didn't carry out one administrative function on or before July 29.
There was no forceful takeover.
On Nafiu's now-deleted Facebook posts, he was backing Mark and co as far as July 11.

A NEC meeting was held by the highest ruling organ of the Party, NEC and monitored and approved by INEC on July 29 where formal handover took place. By July 31, Nafiu held a press conference that he is the Acting National Chairman. Let me pause here:-

Decisions of NEC are binding and final. So, even if Bala or any other exco had claimed not to have resigned, they have been caught up by NEC decisions. When Oshiomhole and Giadom had their fight, APC NEC dissolved the whole NWC even though some of these excos were not involved in the fight. Leadership and membership issues are within the internal affairs of a political party and the Court is divested from delving into such matters (except since 2023 for obvious reasons).

Nafiu had filed his suit on Sept 4 but as at July 29, David Mark had started his job. Before July 29, Nwosu was in-charge.

If I agree without conceding INEC and/or your position, when did the hostilities start? Before Sept 4? Before July 29?

By virtue of the latest Supreme Court Judgement on this, the suit was filed Sept 4, 25; a period David Mark was already Chairman.
INEC claims David Mark it endorsed David Mark on Sept 9, so does INEC have the rights to dabble into leadership issues? So why did Nafiu file a suit against someone whom INEC doesn't recognise according to the Commission?


To end this: The new Electoral Act 2026: Section 83(5):
“Subject to the provision of subsection (3), no Court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”

Hopefully, we can follow Congresses leading to the April 14 Convention of the ADC

AMINDA:
Oga, tell Tinubu to prepare for elections and face his opponents at the polls. His fear is palpable and it's beginning to demoralise APC supporters. Nigeria is not Lagos and will never be. There are no Kings. State of ante whatever by your definition will entail Ralph Nwosu coming back to assume chairmanship of the party despite properly resigning, not so? Tinubu has no pathway to re-election and he knows it.

You go cry tire, I remember the days you were always boasting , tinubu will beg tire, Una no go gree, so how far, he shock you say Tinubu Dey domesticate Una easily??

How do you sleep 😴 with this your twisted mind

Was their leadership vacuum ever in ADC?

So if you remove David Mark and wants to return to status co, who was the former chairman? 🤔

32 Governors and he is still afraid

Putindbutt:
INEC did well derecognizing those imposters. As long as Nwosu had resigned, the next senior exco member takes over. At the time those imposters came from SDP where they had chased them away, they were never a member of ADC.

Definition Of Status Quo Ante Bellum

Why can’t our lawyers and courts put judgements in plain simple English that anyone reading easily understands .

Why all these Latin jargon.

AMINDA:
Oga, tell Tinubu to prepare for elections and face his opponents at the polls. His fear is palpable and it's beginning to demoralise APC supporters. Nigeria is not Lagos and will never be. There are no Kings. State of ante whatever by your definition will entail Ralph Nwosu coming back to assume chairmanship of the party despite properly resigning, not so? Tinubu has no pathway to re-election and he knows it.

I've told you before on this platform to stop ranting and calm down to watch the movies quietly.

The judiciary wants to set this country on fire and unfortunately those corrupt judges will not escape the consequences

AMINDA:
Oga, tell Tinubu to prepare for elections and face his opponents at the polls. His fear is palpable and it's beginning to demoralise APC supporters. Nigeria is not Lagos and will never be. There are no Kings. State of ante whatever by your definition will entail Ralph Nwosu coming back to assume chairmanship of the party despite properly resigning, not so? Tinubu has no pathway to re-election and he knows it.

The question is, did hostility begin when Atiku bought the party or when Gombe took the party to court?

D law is blind ... D law has no emotions.... You want d president to come and solve your internal crisis for you? Dey play

It is obvious Amupitan the inec chairmen has been bought over by APC

UR LEADERS THINK DEY ARE STILL IN POWER , ACTING CARELESSLY ND RECKLESSLY..
HOW DO U HIJACK A PARTY WITHOUT CARRYING D NUMBER 2 MAN OF D PARTY ALONG..
WHAT WAS DERE PLAN

ADC MEMBERS ARE STILL POWER DRUNK

SAME WAY ATIKU CLDNT CARRY WIKE ALONG..
OBI CLDNT CARRY HIS OWN PARTY CHAIRMAN ALONG..

DIS PEOPLE HAVE LEARNT NOTHING

AMINDA:
Oga, tell Tinubu to prepare for elections and face his opponents at the polls. His fear is palpable and it's beginning to demoralise APC supporters. Nigeria is not Lagos and will never be. There are no Kings. State of ante whatever by your definition will entail Ralph Nwosu coming back to assume chairmanship of the party despite properly resigning, not so? Tinubu has no pathway to re-election and he knows it.

seunmsg:
At least, we can all see that INEC made the right call by de-recognizing the David Mark camp. Doing otherwise would have been a violation of the order of the Court of Appeal.

Infact, INEC should have recognised malam Gombe as the chairman of ADC but they don't want Atiku and co to die yet from heart attack.

Putindbutt:
Don't mind those party hijackers and structure of criminality. They thought status quo ante bellum was when Bala Gombe went to court, but it was actually the very day hostilities began when those coalition of losers bought ADC through the back door.

They can continue to deceive their gullible supporters and turn the law upside down, their tears and wailings will not stop the law from taking its course.

They know very well. Nigerian always interpret judgment to favour their narration.

Seems it will be an educative Post.

Lawyers in the house, come on in

We need to learn

Chivisee:
You go cry tire, I remember the days you boasted , tinubu will beg tire, Una no go gree, so how far, he shock say Tinubu Dey domesticate Una easily??

By una, you mean the rest of Nigerians except a handful in the Southwest right? The ADC has seen a massive surge in registrations after the INEC fiasco. If you think anyone will be able to perpetuate themselves in power by disenfranchising opposition in Nigeria and running unopposed, then I have a bridge to sell to you. We will see how it goes. Tinubu has no pathway to re-election as at today. Time is a gentleman.

Chivisee:
You go cry tire, I remember the days you boasted , tinubu will beg tire, Una no go gree, so how far, he shock say Tinubu Dey domesticate Una easily??

Nothing concern Tinubu for this matter. Na the ADC leaders dey careless. Please leave the president out of this issue. Thank you

It means what it means
Yes

This one is an Auditor, he doesn't know law. I wonder how can a right thinking be supporting Tinubu and APC. May God pay you all back.

fergie001:
This case the person posted is cut-and-join.... Let me take you down memory lane; Akapo Vs Hakeem-Habeeb & Ors.

Akapo was elected Chief Ojora of Lagos to handle properties scattered all over Lagos owned by the Ojora family; The family has a Constitution (Terms of Settlement) enacted 17/12/64 that the Chief Ojora as head & other members of the Family Council (involving extended family members) are responsible for collecting all levies and rents from their many properties in Lagos,12 must form a quorum. Due to deaths, they hadn't formed a quorum for a long time hence on 22/4/84, they removed Akapo in a meeting not convened by him. The family continued as before to share rent until dissatisfied that Akapo was still benefitting, some members on 1/4/85, drove out all persons, seized the receipt books including cash in one of their properties and on 7/4/85, formed a caretaker committee (excluding Akapo) to oversee collection of all rents and levies in all their properties and published same on newspapers This committee started managing and renting out offices to persons blocking same from the Chief Ojora, Akapo.

Akapo went to the Lagos High Court, that he wanted all monies returned, injunction barring the said caretaker committee from entering or leasing any of the offices or properties belonging to the Ojoras, that he is also entitled to same as Chief Ojora. The High Court said No, he didn't suffer any damages and it will not grant the injunction because he didn't file the suit quick enough, again, the properties needed to be managed hence granting the injunction will have effect on the management, hence all monies to be collected by the caretaker committee be paid to the Lagos State Registry pending when the suit is successfully dealt with.

Akapo went to the Appeal Court and by 1-2 lost again, he approached the Supreme Court and won. The Supreme Court held that any meeting not convened by him cannot stand and granted the injunction but again in law, you look at the lead judgement. Other supporting or opposing judgements, are called orbiters, and are not quoted or used as base/foundation.
Mind you, this was an interlocutory appeal.

The lead Judgement was read by Justice Karibi-Whyte on 10/7/92. Nnaemeka Agu was just a member of a panel of 5, but I will still deal with the matter here;

Some things are instructive:
1. There was some disagreement prior to the formation of the caretaker committee.

2. There was no meeting because of the lack of quorum.

3. Any meeting must be convened by the Chief Ojora, Akapo.


status quo Vs status quo ante are both restraining orders urging parties to hold forth.

In "Mr. Kolawole Oronti Vs Alhaji S. A. Onigbanjo (2012)":
The Supreme Court, per Mary Odili JSC held "
“…Status quo ante bellum means the state of affairs existing before the case was filed.”

This is the latest Supreme Court Judgement and will hold fast and trite than the previous ones. The very slight difference is that whilst status quo talks about State of matters as it were, status quo ante is before the war.

Now to ADC.

David Mark & Aregbesola were brought in on July 2 (on interim basis). They hadn't started acting at the time despite the speeches they made, they were only pre-coronated. That they were endorsed did not mean they had taken over. They didn't carry out one administrative function on or before July 29.
There was no forceful takeover.
On Nafiu's now-deleted Facebook posts, he was backing Mark and co as far as July 11.

A NEC meeting was held by the highest ruling organ of the Party, NEC and monitored and approved by INEC on July 29 where formal handover took place. By July 31, Nafiu held a press conference that he is the Acting National Chairman. Let me pause here:-

Decisions of NEC are binding and final. So, even if Bala or any other exco had claimed not to have resigned, they have been caught up by NEC decisions. When Oshiomhole and Giadom had their fight, APC NEC dissolved the whole NWC even though some of these excos were not involved in the fight. Leadership and membership issues are within the internal affairs of a political party and the Court is divested from delving into such matters (except since 2023 for obvious reasons).

Nafiu had filed his suit on Sept 4 but as at July 29, David Mark had started his job. Before July 29, Nwosu was in-charge.

If I agree without conceding INEC and/or your position, when did the hostilities start? Before Sept 4? Before July 29?

By virtue of the latest Supreme Court Judgement on this, the suit was filed Sept 4, 25; a period David Mark was already Chairman.
INEC claims David Mark it endorsed David Mark on Sept 9, so does INEC have the rights to dabble into leadership issues? So why did Nafiu file a suit against someone whom INEC doesn't recognise according to the Commission?


To end this: The new Electoral Act 2026: Section 83(5):
“Subject to the provision of subsection (3), no Court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.”

Hopefully, we can follow Congresses leading to the April 14 Convention of the ADC

Good of you, you gave an objective, factual account detailing precise order in which they happened.