The Supreme Court, on Friday, dismissed as lacking in merit an appeal filed by the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP).
The Commission, through its team of lawyers, sought to set aside the October 17 judgment of the Court of Appeal in Abuja, which upheld an order compelling it to include SDP candidates in by-elections conducted across 12 states of the federation.
INEC faulted the appellate 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.
The SDP, in the suit, challenged INEC’s refusal to recognise its candidates for the by-elections after they emerged through primaries monitored by the electoral body.
On its part, INEC contended that letters and notices sent to it on behalf of the party were invalid.
According to the Commission, the correspondence was signed by the Acting National Chairman of the SDP, Dr Sadiq Umar Abubakar, and the National Secretary, Dr Olu Agunloye.
It noted that the duo had previously been suspended by the party.
INEC’s position was that internal party suspensions invalidated all the letters signed by Dr Abubakar and Dr Agunloye, including the nomination of candidates for the by-elections.
Meanwhile, following the SDP’s legal action, the high court ordered that all its candidates be recognised and included on the ballot.
Although INEC complied with the high court order, it nevertheless 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’s verdict.
Dissatisfied with the outcome, INEC lodged a further appeal, which the Supreme Court also dismissed on Friday.
A five-member panel of the apex court declared that the appeal had become an academic exercise, noting that the elections had since been held and all winners sworn in.
In the lead judgment 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,” the panel held, adding that “courts do not engage in interventions on academic questions.”
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 to entertain questions on the interpretation of the Electoral Act, saying the issues could not be resolved in a vacuum.
Aside from dismissing the appeal, the court awarded N2 million in costs against INEC’s lawyer.