The Supreme Court has dismissed an appeal filed by the Independent National Electoral Commission challenging the leadership of the Social Democratic Party, ruling that the case lacked merit and had become purely academic.
In a unanimous judgment delivered Friday, the apex court also imposed a ₦2 million cost against INEC’s counsel.
INEC had asked the court to overturn an October 17 decision of the Court of Appeal in Abuja, which upheld a Federal High Court ruling compelling the electoral body to recognise SDP candidates in by-elections held across 12 states. The dispute stemmed from suit FHC/ABJ/CS/1525/2025 filed by the SDP.
The party argued that INEC refused to recognise its candidates even though the commission monitored the primaries that produced them. INEC contended that notices submitted on behalf of the party were invalid because they were signed by Acting National Chairman Sadiq Abubakar and National Secretary Olu Agunloye, whom the commission claimed were suspended.
The Federal High Court ordered INEC to list all SDP candidates on the ballot, a directive INEC obeyed before continuing its challenge at the Court of Appeal. A three-member panel led by Justice Adebukola Banjoko dismissed the appeal and affirmed the lower-court judgment.
INEC then proceeded to the Supreme Court, but the apex bench held there was no longer a live issue to determine because the by-elections had been concluded and winners sworn in.
Delivering the lead judgment, Justice Mohammed Idris said there was “no justification” to disturb the concurrent findings of the lower courts, noting that courts do not issue rulings on academic matters.
The Supreme Court declined to entertain broader questions about the Electoral Act in the absence of an active dispute and dismissed the appeal in its entirety.
