Abuja:The Supreme Court, on Friday, dismissed as lacking merit an appeal filed by the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP).
In a unanimous ruling, the apex court not only upheld the decisions of the lower courts but also ordered INEC to pay a cost of ₦2 million, describing the appeal as an “academic exercise” with no live issue for determination.
In the lead judgment by Justice Mohammed Idris, the apex court found no reason to dislodge the concurrent findings of the two lower courts.
The five-member panel of the apex court declared that the appeal had become an academic exercise, noting that elections had since been held and that all the winners had been sworn in.
It held that there was nothing upon which the apex court could exercise its adjudicatory powers.
It stressed the absence of any live matter for determination and declined questions on the interpretation of the Electoral Act, saying the issues could not be resolved in a vacuum.
“The substratum of this appeal has been dissipated, ” the panel held, saying “courts do not engage in interventions on academic questions.”
It thereafter dismissed the appeal and awarded a cost of N2 million against INEC’s lawyer.
The Court of Appeal had also, in a unanimous decision led by Justice Adebukola Banjoko, dismissed the appeal and upheld the high court verdict.
The commission sought to set aside the Oct. 17 judgment of the Court of Appeal in Abuja, which upheld an order compelling it to include SDP candidates in by-elections held across 12 states of the federation.
INEC faulted the appellant court for affirming the judgment 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 challenged INEC’s refusal to recognise its candidates for the by-elections, after they emerged from primaries 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 the commission, the correspondences were signed by the Acting National Chairman of SDP, Dr Sadiq Umar Abubakar, and the National Secretary, Dr Olu Agunloye.
It noted that the duo were previously suspended by the party.
It was INEC’s position that internal party suspensions invalidated all the letters that Dr Abubakar and Dr Agunloye signed, including nomination of candidates for the by-elections.
Meanwhile, following SDP’s legal action, the high court ordered that all its candidates should be recognised and included in the ballot.
Even though INEC complied with the high court order, it nevertheless appealed to the appellate court.
Not satisfied with the outcome, INEC lodged the appeal, which the Supreme Court also dismissed on Friday.