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Supreme Court dismisses INEC’s appeal against SDP

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The Supreme Court on Friday, dismissed an appeal filed by the Independent National Electoral Commission (INEC) querying the leadership of the Social Democratic Party (SDP).

The apex court dismissed the appeal for lack of merit.

In the lead judgment by Justice Mohammed Idris, the Supreme 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 turned to an academic exercise, noting that elections had since held with all the winners sworn in.

It held that there was nothing upon which the apex court could exercise its adjudicatory powers.

The apex court  stressed the absence of any live matter for determination and declined questions on interpretation of the Electoral Act.

“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 N2 million cost 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 Federal High Court, Abuja, verdict.

The commission sought to set aside the October 17, judgment of the Court of Appeal in Abuja, which upheld an order that compelled it to include SDP candidates in by-elections conducted across 12 states in August.

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