The Supreme Court on Friday dismissed an appeal filed by the Independent National Electoral Commission seeking to challenge the leadership and candidacy of the Social Democratic Party, ruling that the case had become merely academic and devoid of any live issues for determination.
Delivering the lead judgment, Justice Mohammed Idris, who presided over a five-member panel of the apex court, held that there was no basis to disturb the concurrent findings of the Federal High Court and the Court of Appeal, both of which had ruled in favour of the SDP.
The court declared that the appeal had lost its substance, noting that the disputed by-elections had long been conducted and the winners duly sworn in.
“The substratum of this appeal has been dissipated,” the panel held, stressing that “courts do not engage in interventions on academic questions.”
According to the justices, with the elections concluded, there was “nothing upon which this court can exercise its adjudicatory powers,” adding that issues relating to the interpretation of the Electoral Act could not be determined “in vacuum.”
Consequently, the apex court dismissed the appeal for lacking merit and awarded a cost of ₦2 million against INEC’s counsel.
The ruling effectively affirmed earlier decisions of the lower courts.
The Court of Appeal, in a unanimous judgment delivered by Justice Adebukola Banjoko, had dismissed INEC’s appeal and upheld the verdict of the Federal High Court, Abuja.
INEC had approached the appellate court to overturn its October 17 judgment, which sustained an order compelling the commission to recognise and include SDP candidates in by-elections conducted across 12 states of the federation.
At the heart of the dispute was a suit marked FHC/ABJ/CS/1525/2025, instituted by the SDP against INEC, challenging the commission’s refusal to recognise its candidates who emerged from party primaries allegedly monitored by INEC.
The electoral body had argued that the letters and notices submitted by the party were invalid, claiming they were signed by the SDP’s acting National Chairman, Sadiq Umar Abubakar, and National Secretary, Olu Agunloye, whom it said were under suspension at the time.
INEC maintained that the alleged internal suspensions nullified all correspondences signed by the duo, including the nomination of candidates for the by-elections.
However, the Federal High Court rejected INEC’s position and ordered that all SDP candidates be recognised and included on the ballot.
Although INEC complied with the order, it proceeded to challenge the decision at the Court of Appeal and later at the Supreme Court.
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