The Supreme Court, on Friday, rejected as without merit an appeal filed by the Independent National Electoral Commission, INEC, challenging the leadership of the Social Democratic Party, SDP.
INEC, through its legal team, had sought to overturn the October 17 judgment of the Court of Appeal in Abuja, which upheld an order requiring it to include SDP candidates in by-elections held across 12 states of the federation.
INEC criticized the appellate court for affirming the decision of the Abuja Division of the Federal High Court in suit FHC/ABJ/CS/1525/2025, instituted by the SDP against the Commission.
The SDP had filed the suit after INEC refused to recognise its candidates for the by-elections, even though they emerged through primaries monitored by the electoral body.
INEC argued that letters and notices sent on behalf of the party were invalid, as they were signed by the Acting National Chairman, Dr Sadiq Umar Abubakar, and the National Secretary, Dr Olu Agunloye, both of whom had previously been suspended by the party.
The Commission maintained that the internal suspensions invalidated all correspondences signed by the duo, including nominations for the by-elections.
However, following SDP’s legal action, the high court ordered INEC to recognise and include all its candidates on the ballot. While INEC initially complied, it later appealed the ruling.
A three-member panel of the Court of Appeal, led by Justice Adebukola Banjoko, unanimously dismissed INEC’s appeal and upheld the high court’s verdict.
Dissatisfied, INEC took the matter to the Supreme Court, which also dismissed the appeal on Friday.
A five-member panel of the apex court ruled that the appeal had become an academic exercise, noting that the elections had already been conducted and the winners sworn in.
In the lead judgment prepared by Justice Mohammed Idris, the Supreme Court found no reason to overturn the decisions of the lower courts, stating: “The substratum of this appeal has been dissipated,” and emphasizing that courts do not intervene in academic questions.
The court concluded that there was no live matter for adjudication and declined to address questions on the interpretation of the Electoral Act, noting that such issues could not be resolved in isolation.
In addition to dismissing the appeal, the Supreme Court imposed a N2 million cost against INEC’s lawyer.
