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On Friday, the Supreme Court dismissed an appeal by the Independent National Electoral Commission (INEC) regarding the leadership of the Social Democratic Party (SDP), stating that the appeal lacked merit.
According to DAILY POST, INEC, represented by its legal team, sought to overturn the October 17 ruling of the Court of Appeal in Abuja, which upheld an order requiring the inclusion of SDP candidates in by-elections held across 12 states of the federation.
INEC criticized the appellate court for confirming the decision made by the Abuja Division of the Federal High Court in a case marked FHC/ABJ/CS/1525/2025, initiated against it by the SDP.
In the lawsuit, the SDP contested INEC's refusal to recognize its candidates for the by-elections, despite their selection through primaries overseen by the electoral body.
INEC argued that the letters and notices submitted on behalf of the party were invalid.
These correspondences were signed by the Acting National Chairman of SDP, Dr. Sadiq Umar Abubakar, and the National Secretary, Dr. Olu Agunloye.
INEC claimed that both individuals had been previously suspended from the party.
The Commission maintained that the internal suspensions rendered all correspondence signed by Abubakar and Agunloye, including the nomination of candidates for the by-elections, invalid.
Following the SDP's legal action, the high court ordered that all its candidates should be acknowledged and included on the ballot.
Although INEC complied with the high court's order, it subsequently appealed the decision to the appellate court.
A three-member panel of the Court of Appeal, led by Justice Adebukola Banjoko, unanimously dismissed the appeal and upheld the high court's ruling.
Dissatisfied with the outcome, INEC filed an appeal, which the Supreme Court also dismissed on Friday.
A five-member panel of the Supreme Court stated that the appeal had become an academic exercise, noting that the elections had already taken place and the winners had been sworn in.
In the lead judgment prepared by Justice Mohammed Idris, the Supreme Court found no grounds to overturn the concurrent decisions of the two lower courts.
“The foundation of this appeal has been dissipated,” the panel stated, adding, “Courts do not engage in interventions on academic questions.”
The court determined that there was nothing on which the apex court could exercise its adjudicatory authority.
Emphasizing the lack of any substantive issues for determination, the Supreme Court refrained from addressing questions regarding the interpretation of the Electoral Act, indicating that such matters could not be resolved in a vacuum.
In addition to dismissing the appeal, the court ordered INEC to pay a cost of N2 million.
FAQs
What was the Supreme Court's ruling regarding INEC's appeal?
The Supreme Court dismissed INEC's appeal, stating it lacked merit and had become an academic exercise since the elections had already been conducted.
Why did INEC appeal the Court of Appeal's decision?
INEC appealed the decision because it disagreed with the Court of Appeal's ruling that required the inclusion of SDP candidates in the by-elections.
What were the consequences of the Supreme Court's ruling for INEC?
The Supreme Court dismissed INEC's appeal and ordered it to pay a cost of N2 million.
Eze Chidiebere Paul
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