Supreme Court dismisses INEC’s appeal against SDP, awards N2m cost

…Adebayo hails court ruling, fine on INEC over party interference
…Gombe assumes office after Supreme Court judgement

The Supreme Court, on Friday, dismissed an appeal by the Independent National Electoral Commission (INEC), filed to query the leadership of the Social Democratic Party (SDP) as lacking in merit.

Aside from dismissing the appeal, the Apex Court awarded a N2 million cost against INEC’s lawyer.

The Commission, through its team of lawyers, sought to set aside the October 17 judgement 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, however faulted the appellant court for affirming the judgement 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 INEC, the correspondences were signed by the Acting National Chairman of SDP, Dr Sadiq Umar Abubakar Gombe, and the National Secretary, Dr Olu Agunloye; noting that the duo were previously suspended by the party.

It was INEC’s position that internal party suspensions invalidated all the letters that Dr Gombe and Dr Agunloye signed, including the nomination of candidates for the by-elections.

Following SDP’s legal action, the high court ordered that all its candidates should be recognised and included in the ballot.

Although 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 contented with the outcome, INEC lodged the appeal at the Supreme Court, which the Apex Court also dismissed on Friday.

A five-member panel of the apex 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 judgement 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. Courts do not engage in interventions on academic questions,” the judgement stated.

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.

…Adebayo hails Supreme Court fine on INEC over party interference
Speaking on the matter, the 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.

According to him, the Supreme Court’s decision fining INEC N2 million has reinforced the autonomy of political parties and an indictment on the electoral umpire over interference in internal party affairs of the SDP and other political parties.

“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 said.

He said that the SDP has no leadership crisis, and that the party’s national officers, including the National Chairman, Dr. Sadiq Umar Abubakar Gombe, the National Secretary Dr. Olu Agunloye and members of the National Working Committee (NWC), are validly in office.

He said 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. The Court of Appeal has affirmed the SDP’s right to change its leadership and authorised the acting chairman to act for the party. 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.

Adebayo stressed that democracy cannot function effectively if opposition parties are weakened by administrative interference.

He said, “If only the ruling party exists, there will be no democracy. Nigerians must have real choices. INEC must ensure that all political parties are allowed to function freely so Nigerians can genuinely choose between the government and the opposition.”

He urged the new leadership of INEC to distance itself from what he described as the excesses of the commission’s previous leadership, noting that the former INEC chairman had repeatedly been cited by superior courts for contempt.

Adebayo confirmed that the SDP’s national leadership, including members of the National Working Committee, were present at the Supreme Court to witness the judgment, stressing that the party had acted strictly within the confines of its constitution throughout the process.

He expressed gratitude to the judiciary for upholding constitutional principles and reaffirmed the SDP’s commitment to internal democracy and the rule of law.

“This judgment strengthens our democracy and reinforces the independence of political parties,” Adebayo said.

Also speaking after the ruling, the Acting National Chairman of the SDP, Dr. Gombe, 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.”

He 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.

…Gombe assumes office after Supreme Court judgement
The acting National Chairman of the SDP, Dr. Abubakar Gombe, on Friday assumed office, hours after the Supreme Court of Nigeria dismissed the INEC’s appeal against the opposition party’s leadership.

In his remark at the party’s national Secretariat in Abuja, Prof Gombe said the apex court judgment is not only a victory for SDP but for all political parties in Nigeria.

He said the Supreme Court’s judgment on Friday showed that the country’s judiciary remains the last hope of the common man.

“Today (Friday) is a historic day, not only for SDP and the political parties in Nigeria but also for democracy, our entire electoral process, and the rule of law. What we are witnessing Today at his honorable Court of highest jurisdiction has demonstrated that the judiciary remains the last hope of the common man and institutions alike that seek for justice, equity, and fairness.

He therefore urged INEC to respect the decision of the Supreme Court.

“I therefore enjoin INEC to take this decision with clarity of purpose and accept that only the constitution of Nigeria, the electorate act, and the constitutions of the political parties remain supreme over any administrative consideration or convenience,” he said.

He said the country’s electoral body should stay out of the internal affairs of the SDP and stop dealing with illegal entities with respect to the party.

He said, “Stop meddling in the internal affairs of political parties, as this has long been decided and settled by the honorable Supreme Court. That INEC stop any dealing whatsoever with suspended or expelled members of the party.

“That INEC immediately remove the name of suspended and expelled National Chairman Alhaji Shehu Musa Gabam and accordingly replace him with the duly recognized Ag National Chairman by the NWC, Dr Sadiq Umar Abubakar Gombe.”