S’Court dismisses INEC’s appeal against SDP, awards N2m cost

The Supreme Court has dismissed an appeal filed by INEC querying the leadership of the Social Democratic Party (SDP) for lacking in merit.

In the lead judgement delivered 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.

It stressed the absence of any live matter for determination and declined questions on interpretation of the Electoral Act, saying the issues could not be resolved in vacuum.

“The substratum of this appeal has been dissipated, ” the panel held, adding that “courts do not engage in interventions on academic questions.”

It thereafter, dismissed the appeal and awarded a N2million 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 high court 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 that were conducted in 12 states.

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.

SDP had in the suit challenged the refusal of INEC to recognise its candidates for the elections, after they emerged through primaries that were monitored by the electoral body.

The Star