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The Supreme Court on Friday dismissed as lacking merit an appeal by the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP).
INEC had asked the apex court to set aside the October 17 judgement of the Court of Appeal in Abuja, which upheld an order directing the commission to include SDP candidates in by-elections conducted across 12 states.
The commission faulted the appellate court for affirming the decision of the Abuja Division of the Federal High Court in suit FHC/ABJ/CS/1525/2025, filed by the SDP after INEC refused to recognise its candidates despite supervising the party’s primaries.
INEC argued that the notices and letters submitted by the party were invalid because they bore the signatures of the Acting National Chairman, Dr Sadiq Umar Abubakar, and the National Secretary, Dr Olu Agunloye, whom the party had suspended.
According to INEC, the suspensions nullified all correspondence signed by the two officials, including documents nominating candidates for the by-elections.
However, the Federal High Court ordered INEC to recognise and list all SDP candidates on the ballot. Although INEC initially complied, it later challenged the ruling at the Court of Appeal.
A three-member panel of the appellate court, led by Justice Adebukola Banjoko, unanimously dismissed INEC’s appeal and affirmed the high court’s decision.
INEC then approached the Supreme Court, which also rejected the appeal.
A five-member panel ruled that the case had become academic, as the elections had already taken place and the successful candidates sworn in.
In the lead judgement delivered by Justice Mohammed Idris, the court held that there was no basis to disturb the decisions of the lower courts, stating that the subject matter of the appeal had ceased to exist and that courts do not entertain academic issues.
The Supreme Court added that there was no live dispute requiring determination and declined to interpret provisions of the Electoral Act in isolation.
The court also awarded costs of ₦2 million against INEC’s counsel.
