- Supreme Court dismisses INEC appeal over SDP by election candidates.
- Court says matter is academic as elections already concluded.
- INEC fined ₦2 million for pursuing the appeal.
The Supreme Court on Friday dismissed the appeal filed by the Independent National Electoral Commission challenging the leadership of the Social Democratic Party and its participation in recent by elections across the country.
The apex court upheld the judgments of the Federal High Court and the Court of Appeal, which ordered INEC to recognise and include SDP candidates in the by elections conducted in 12 states.
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EKO HOT BLOG reports that INEC had approached the Supreme Court to overturn the October 17, 2025 judgment of the Court of Appeal in Abuja, which affirmed an earlier ruling directing the commission to place SDP candidates on the ballot.
The electoral body faulted the appellate court for affirming the decision of the Federal High Court in suit number FHC ABJ CS 1525 2025, instituted by the SDP.
The party had challenged INEC’s refusal to recognise its candidates despite the fact that the primaries that produced them were monitored by the commission.
INEC argued that all notices and letters submitted by the SDP were invalid because they were signed by the party’s Acting National Chairman, Dr Sadiq Umar Abubakar, and National Secretary, Dr Olu Agunloye, who it claimed had been suspended.
According to INEC, the alleged suspension rendered all documents signed by the officials, including candidate nomination forms, null and void.
Following the suit, the Federal High Court ordered INEC to recognise and include all SDP candidates in the by elections. Although INEC complied, it appealed the ruling.
A three member panel of the Court of Appeal, led by Justice Adebukola Banjoko, unanimously dismissed the appeal and affirmed the decision of the lower court.
INEC further appealed to the Supreme Court, but a five member panel dismissed the case, describing it as academic since the elections had already been concluded and winners sworn in.
In the lead judgment prepared by Justice Mohammed Idris, the court held that “the substratum of this appeal has been dissipated,” adding that courts do not entertain academic questions.
The Supreme Court also awarded a cost of ₦2 million against INEC’s lawyer.
