SDP seeks stay of High Court ruling purporting to overrule Supreme Court judgment on leadership

The Social Democratic Party (SDP) has challenged a Federal High Court judgment delivered in Abuja on June 24, 2026, which ordered the Independent National Electoral Commission (INEC) to enforce the Court of Appeal judgment in Fayemi Tosin Babatunde v. INEC, delivered on March 27, 2026, recognising Shehu Gabam as the party’s National Chairman.

However, the SDP argued that the Supreme Court had already set aside the Court of Appeal judgment on May 22, 2026, following which INEC reinstated Prof. Sadiq Umar Abubakar Gombe as the party’s National Chairman.

According to the SDP, it amounts to judicial rascality and a legal nullity for a High Court to contradict the Supreme Court or purport to revive a judgment that the apex court has already voided and set aside.

The party is seeking an order of the Court of Appeal staying the execution of the Federal High Court judgment delivered by Justice M.G. Umar, pending the hearing and determination of its appeal.

It is also seeking an order restraining the Independent National Electoral Commission (INEC) from giving effect to what it described as the illegal and null order of the Federal High Court.

The suit arose from the Osun State governorship primary election involving the plaintiff, Salawu Olaitan, the party’s expelled former National Chairman, Shehu Gabam, and one Ogbonna Okechukwu, a former National Youth Leader, all of whom the SDP claims are no longer members of the party.

The SDP has approached the Court of Appeal, Abuja Judicial Division, seeking an order staying the execution of the Federal High Court judgment that recognised Salawu-Adeniyi Mustapha Olaitan as the party’s governorship candidate for the 2026 Osun State governorship election, pending the determination of its appeal.

The application, contained in a Motion on Notice filed before the appellate court, also seeks to restrain INEC from taking any steps to implement the judgment until the appeal is heard and determined.

Court documents show that the appeal, marked CA/ABJ/CV/1011/2026, arose from the judgment delivered on June 24, 2026, by Justice M.G. Umar of the Federal High Court, Abuja, in Suit No. FHC/ABJ/CS/402/2026.

The SDP is the appellant/applicant in the matter, while Salawu-Adeniyi Mustapha Olaitan, INEC, the party’s expelled National Chairman, Alhaji Shehu Musa Gabam, and its expelled National Youth Leader, Uchechukwu Chukwuma, who are both facing criminal prosecution before the Wuse Magistrate Court, are listed as respondents.

The motion was brought pursuant to Section 17 of the Court of Appeal Act, Order 4 Rule 6(2) of the Court of Appeal Rules, 2021, and the inherent jurisdiction of the court.

Among the principal reliefs sought is an order staying the execution of the Federal High Court judgment pending the hearing and determination of the appeal.

The party is also asking the appellate court to restrain INEC, either by itself or through its officers, agents, or privies, from enforcing or giving effect to the judgment pending the determination of the appeal.

The dispute centres on the Federal High Court’s orders relating to the recognition of Salawu Olaitan as the SDP’s governorship candidate for the Osun State governorship election.

In its application, the SDP argued that the appeal raises substantial and arguable issues requiring the consideration of the Court of Appeal.

The party contended that unless the execution of the judgment is stayed, the subject matter of the appeal could be altered before the appellate court has an opportunity to pronounce on the issues in dispute.

It maintained that implementation of the judgment, particularly by INEC, could render the appeal nugatory if the party ultimately succeeds.

According to the application, the interest of justice would be better served by preserving the status quo pending the determination of the substantive appeal.

The party further urged the Court of Appeal to exercise its discretionary powers to prevent a situation in which the appeal would become merely academic after irreversible steps had been taken in compliance with the Federal High Court’s decision.

The application forms part of the continuing legal battle over the SDP’s leadership and the nomination of its candidate for the 2026 Osun State governorship election.

The Court of Appeal has yet to fix a date for the hearing of the motion or rule on the reliefs sought by the SDP.