The Supreme Court on Friday dismissed an appeal filed by the Independent National Electoral Commission challenging the leadership of the Social Democratic Party, ruling that the case lacked merit.
INEC had asked the apex court to overturn an October 17 decision of the Court of Appeal in Abuja, which affirmed an order directing the electoral body to include SDP candidates in by-elections conducted in 12 states. The appellate court had earlier upheld the judgement of the Federal High Court, Abuja, in suit number FHC/ABJ/CS/1525/2025, instituted by the SDP.
The party approached the court after INEC declined to recognise its candidates, despite their emergence from party primaries monitored by the commission.
INEC argued that the refusal was justified because the letters and notices submitted on behalf of the party were invalid. According to the commission, the documents were signed by the SDP’s Acting National Chairman, Dr Sadiq Umar Abubakar, and National Secretary, Dr Olu Agunloye, who it said had been suspended by the party. INEC maintained that the alleged suspensions rendered all correspondences, including candidate nominations, null and void.
Following the suit, the Federal High Court ordered INEC to recognise and include all SDP candidates on the ballot. Although the commission complied with the directive, it proceeded to challenge the decision at the Court of Appeal.
In a unanimous judgement, a three-member panel of the appellate court led by Justice Adebukola Banjoko dismissed INEC’s appeal and affirmed the high court’s ruling. Dissatisfied, INEC further appealed to the Supreme Court.
Delivering judgement on Friday, a five-member panel of the apex court held that the appeal had become academic, noting that the by-elections had already been conducted and winners sworn in.
In the lead judgement written by Justice Mohammed Idris, the court said there was no basis to disturb the concurrent findings of the two lower courts. “The substratum of this appeal has been dissipated,” the court held, adding that courts do not entertain academic questions.
The Supreme Court stressed that there was no live issue before it upon which its adjudicatory powers could be exercised and declined to pronounce on the interpretation of provisions of the Electoral Act in the absence of an active dispute.
In addition to dismissing the appeal, the apex court awarded costs of ₦2 million against INEC’s counsel.
