On Friday, the Supreme Court dismissed an appeal lodged by the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP) on grounds of lacking merit.
In the lead judgement delivered by Justice Mohammed Idris, the apex court found no justification to overturn the consistent findings of the two lower courts.
The five-member panel concluded that the appeal had become an academic exercise, noting that elections had already taken place and all victorious candidates had been sworn in.
The court stated that there were no grounds for it to exercise its adjudicatory powers, emphasising the absence of any live matter for determination. It declined to address questions regarding the interpretation of the Electoral Act, asserting that such issues could not be resolved in isolation.
“The foundation of this appeal has been eroded,” the panel stated, adding that “courts do not engage in interventions on academic questions.”
Consequently, the appeal was dismissed, and costs of £2 million were awarded against INEC’s legal counsel.
The Court of Appeal had also, in a unanimous decision led by Justice Adebukola Banjoko, dismissed the appeal and upheld the high court’s ruling.
INEC sought to overturn the October 17 judgement of the Court of Appeal in Abuja, which upheld an order compelling it to include SDP candidates in by-elections conducted across 12 states.
INEC contested the appellate court’s affirmation of the Abuja Division of the Federal High Court’s ruling in a case marked: FHC/ABJ/CS/1525/2025, initiated against it by the SDP.
In the suit, the SDP challenged INEC’s refusal to recognise its candidates for the by-elections, after they emerged through primaries monitored by the electoral body.
INEC, for its part, argued that the letters and notices sent to it on behalf of the party were invalid. According to the commission, these correspondences were signed by the acting national chairman of SDP, Sadiq Umar Abubakar, and the national secretary, Olu Agunloye, both of whom had been suspended by the party.
INEC maintained that the internal party suspensions rendered all letters signed by Mr Abubakar and Mr Agunloye, including the nomination of candidates for the by-elections, invalid.
Following the SDP’s legal action, the high court ordered that all its candidates be recognised and included on the ballot.
Although INEC complied with the high court order, it subsequently appealed to the appellate court. Unsatisfied with the outcome, INEC lodged the appeal that the Supreme Court dismissed on Friday.
(NAN)
