In a unanimous decision on Friday, the Supreme Court threw out INEC’s appeal against the Social Democratic Party (SDP) leadership for lacking merit.
The electoral umpire had hoped to set aside an October 17 appellate court ruling that compelled it to recognize SDP candidates in 12 states during recent by-elections.
INEC contested the lower courts’ decisions in suit FHC/ABJ/CS/1525/2025, arguing that the Court of Appeal erred in upholding the initial High Court judgment in favor of the party.
SDP had, in the suit, challenged the refusal of INEC to recognise its candidates for the by-elections, after they emerged through primaries that were monitored by the electoral body.
On its part, INEC contended that letters and notices that were sent to it, on behalf of the party, were invalid.
According to the Commission, the correspondences were signed by the Acting National Chairman of SDP, Dr Sadiq Umar Abubakar, and the National Secretary, Dr Olu Agunloye.
It noted that the duo were previously suspended by the party.
It was INEC’s position that internal party suspensions invalidated all the letters that Dr Abubakar and Dr Agunloye signed, including the nomination of candidates for the by-elections.
Meanwhile, following SDP’s legal action, the high court ordered that all its candidates should be recognised and included on the ballot.
Although INEC complied with the high court order, it, however, took the case 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 verdict.
Not happy with the outcome, INEC lodged the appeal, which the Supreme Court also dismissed on Friday.
A five-member panel of the apex court declared that the appeal had turned into an academic exercise, noting that elections had since been held with all the winners sworn in.
In the lead judgement that was 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, saying, “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 case for determination, the Supreme Court declined questions on interpretation of the Electoral Act, saying the issues could not be resolved in a vacuum.
Aside from dismissing the appeal, the court awarded a N2 million cost against INEC’s lawyer.
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