Supreme Court Dismisses INEC Appeal Against SDP, Fines Counsel ₦2m

The Supreme Court on Friday dismissed an appeal filed by the Independent National Electoral Commission over the leadership dispute in the Social Democratic Party and ordered INEC’s lawyer to pay ₦2 million in costs.

The case was brought before the apex court by INEC after it lost at both the Federal High Court and the Court of Appeal. The dispute began when the SDP challenged INEC’s refusal to recognise its candidates for by-elections held in 12 states, even though the commission monitored the party’s primaries.

The Federal High Court in Abuja had earlier directed INEC to accept and list the SDP candidates for the by-elections. While INEC obeyed the court order and allowed the candidates to take part in the polls, it still appealed the judgment.

At the Court of Appeal in Abuja, a panel led by Justice Adebukola Banjoko dismissed INEC’s appeal and upheld the decision of the high court. INEC then approached the Supreme Court, arguing that the documents submitted by the SDP were invalid because they were signed by party officials it claimed had been suspended.

INEC maintained that the alleged suspension of the SDP’s acting national chairman, Dr Sadiq Abubakar, and national secretary, Dr Olu Agunloye, made all nomination letters and related documents invalid. The SDP, however, insisted that its candidates were validly produced and lawfully nominated.

In its final ruling, a five-member panel of the Supreme Court held that the appeal could no longer be entertained because the by-elections had already been conducted and the winners sworn into office. The court noted that there was no longer any dispute that required judicial intervention.

Justice Mohammed Idris, who delivered the lead judgment, stated that the foundation of the appeal had disappeared, leaving the court with nothing to decide. The court also declined to consider arguments on the Electoral Act since there was no ongoing issue before it.

As a result, the Supreme Court dismissed the appeal in full and awarded ₦2 million in costs against INEC’s counsel.