The Supreme Court has dismissed an appeal by the Independent National Electoral Commission challenging the leadership and candidate nominations of the Social Democratic Party (SDP), labelling the case “academic” and without merit.
In a unanimous ruling delivered on Friday, December 19, a five-member panel of the apex court held that there was no longer any live dispute to adjudicate, as the by-elections at the centre of the case had already been concluded and the winners sworn into office.
The court also awarded ₦2m costs against INEC’s counsel.
The appeal stemmed from suit FHC/ABJ/CS/1525/2025, filed by the SDP at the Federal High Court in Abuja.
The party had sued INEC for refusing to recognise its candidates in by-elections across 12 states, even though the primaries that produced them were monitored by the commission.
INEC argued that the Federal High Court and later the Court of Appeal erred by compelling it to accept documents signed by SDP’s Acting National Chairman, Dr Sadiq Abubakar, and National Secretary, Dr Olu Agunloye.
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The commission claimed both officials had been suspended by the party, rendering all letters, notices and nomination forms they signed invalid.
The Federal High Court rejected INEC’s argument and ordered the commission to list all SDP candidates on the ballots.
INEC complied for the purpose of the polls but went on appeal. A three-member panel of the Court of Appeal, led by Justice Adebukola Banjoko, upheld the trial court’s judgment, prompting INEC to approach the Supreme Court.
Delivering the lead judgment, Justice Mohammed Idris said the Supreme Court saw no reason to interfere with the concurrent findings of the lower courts.
“The substratum of this appeal has been dissipated. Courts do not engage in the determination of academic questions,” the court held, adding that without a subsisting controversy, it could not exercise its powers to interpret the Electoral Act.
The appeal was dismissed in full, with costs awarded against INEC’s lawyers.