Supreme Court Slams INEC, Dismisses Appeal Over SDP Leadership

The Supreme Court has dismissed an appeal filed by the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP), describing the case as lacking merit and purely academic.

In a unanimous decision on Friday, the apex court awarded a cost of ₦2 million against INEC’s counsel. The commission had approached the Supreme Court to overturn the October 17 judgment of the Court of Appeal, Abuja Division, which affirmed a ruling of the Federal High Court compelling INEC to recognise and include SDP candidates in by-elections conducted across 12 states.

The appeal arose from a suit instituted by the SDP at the Federal High Court in Abuja, challenging INEC’s refusal to recognise its candidates for the by-elections despite the Commission monitoring the primaries that produced them.

INEC argued that the Court of Appeal erred in affirming the high court’s decision, contending that letters and notices submitted on behalf of the SDP were invalid as they were signed by the party’s Acting National Chairman, Dr Sadiq Abubakar, and National Secretary, Dr Olu Agunloye, whom it claimed had been suspended.

However, the Federal High Court ordered INEC to recognise and include all SDP candidates on the ballot papers. INEC complied with the order but challenged the decision at the Court of Appeal, which dismissed its appeal.

The Supreme Court, led by Justice Mohammed Idris, held that the matter had become an academic exercise as the by-elections had already been conducted and winners sworn in. “The substratum of this appeal has been dissipated. Courts do not engage in the determination of academic questions,” the court ruled.

The apex court declined to entertain questions relating to the interpretation of the Electoral Act, stating there was no live dispute. The appeal was dismissed, with costs awarded against INEC’s lawyer.