The Supreme Court has dismissed an appeal the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP), for lacking in merit.
The electoral body had through its legal team specifically, sought to set aside the October 17 judgment of the Court of Appeal in Abuja, which upheld an order that compelled it to include SDP candidates in by-elections that were conducted across 12 states of the federation.
INEC faulted the appellant court for affirming the judgment of the Abuja Division of the Federal High Court in a suit marked FHC/ABJ/CS/1525/2025, which was instituted against it by the SDP.
SDP had, in the suit, challenged the refusal of INEC to recognise its candidates for the by-elections, after they emerged through primaries that were monitored by the electoral body.
On its part, INEC contended that letters and notices that were sent to it, on behalf of the party, were invalid.
According to the Commission, the correspondences were signed by the Acting National Chairman of SDP, Dr Sadiq Umar Abubakar, and the National Secretary, Dr Olu Agunloye.
It noted that the duo were previously suspended by the party.
It was INEC’s position that internal party suspensions invalidated all the letters that Dr Abubakar and Dr Agunloye signed, including the nomination of candidates for the by-elections.
Meanwhile, following SDP’s legal action, the high court ordered that all its candidates should be recognised and included in the ballot.
Even though INEC complied with the high court order, it, however, took the matter before the appellate court.
In a unanimous decision, a three-man panel of the Court of Appeal led by Justice Adebukola Banjoko dismissed the appeal and upheld the high court verdict.
Not happy with the outcome, INEC lodged the appeal, which the Supreme Court also dismissed on Friday.
In a unanimous judgment yesterday, a five-member panel of the Supreme Court declared that the appeal had turned into an academic exercise, noting that elections had since been held with all the winners sworn in.
In the lead judgment that was prepared by Justice Mohammed Idris, the Supreme Court said it found no reason to dislodge the concurrent findings of the two lower courts.
The substratum of this appeal has been dissipated,” the panel held, saying, “Courts do not engage in interventions on academic questions.”
It held that there was nothing upon which the apex court could exercise its adjudicatory powers.
Stressing the absence of any live matter for determination, the Supreme Court declined questions on interpretation of the Electoral Act, saying the issues could not be resolved in a vacuum.
Aside from dismissing the appeal, the court awarded a N2 million cost against INEC’s lawyer.
Reacting to the judgment, the SDP said applaud the decision fining the Independent National Electoral Commission (INEC) ₦2 million has reinforced the autonomy of political parties and issued a sharp rebuke to the electoral umpire over interference in internal party affairs, the Social Democratic Party (SDP) has said.
Lead counsel to the SDP and its 2023 presidential candidate, Dr Adewole Adebayo, said the ruling was a clear warning to INEC to desist from actions that undermine Nigeria’s multi-party democracy.
“I have made it clear to INEC to stop interfering in the internal affairs of the SDP and other political parties,” Adebayo said after the judgment. “A multi-party democracy requires an umpire that is unbiased and not one that foments crises within opposition parties.”
Adebayo maintained that the SDP has no leadership crisis, noting that the party’s national officers, including the National Chairman, Sadiq Umar Abubakar, the National Secretary Dr. Olu Agunloye and members of the National Working Committee (NWC), are validly in office.
He explained that the dispute arose when the party appointed an acting national chairman who wrote to INEC to nominate candidates, a move the commission declined to recognise, opting instead to deal with a chairman already removed by the party.
The courts were clear that INEC had no such powers,” Adebayo said, recalling that the Court of Appeal affirmed the SDP’s right to change its leadership and authorised the acting chairman to act for the party.
Despite the ruling, INEC pursued the matter to the Supreme Court, which dismissed the appeal and imposed a ₦2 million fine on the commission a cost Adebayo said would ultimately fall on taxpayers.
“It is unfortunate for the taxpayer, but it is a necessary lesson for INEC to leave the SDP, and indeed all political parties, alone,” he said.
He warned that democracy would be imperilled if opposition parties were weakened through institutional interference. “If only the ruling party exists, there will be no democracy. Nigerians must have real choices,” Adebayo added.
Also reacting, the Acting National Chairman of the SDP, Prof. Sadiq Umar Abubakar, described the judgment as a landmark victory for democracy and the rule of law.
“This decision is very significant, not only for the SDP, but for all political parties in Nigeria,” he said. “It affirms the long-standing position of the Supreme Court that the internal affairs of political parties are for the parties alone to determine.”
Abubakar urged INEC to comply fully with the ruling and allow political parties to manage their internal processes without interference, while also calling on parties to adhere strictly to their constitutions.
“We are grateful to the judiciary. We hope this judgment strengthens our democracy and the rule of law as we move towards 2027 and beyond,” he said.
