Supreme Court dismisses INEC SDP appeal, ruling case academic after by-elections, and awards ₦2 million costs against INEC’s counsel

The Supreme Court of Nigeria has dismissed an appeal filed by the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP), describing the matter as lacking merit and purely academic. The decision was delivered on Friday, December 19, 2025.

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In a unanimous ruling, a five-member panel of the apex court also awarded ₦2 million in costs against INEC’s counsel.

The appeal sought to overturn the October 17 judgment of the Court of Appeal, Abuja Division, which had affirmed a Federal High Court ruling compelling INEC to recognise and include SDP candidates in by-elections across 12 states.

The original suit, marked FHC/ABJ/CS/1525/2025, was instituted by SDP at the Federal High Court in Abuja after the commission allegedly refused to recognise candidates produced through party primaries monitored by INEC.

The electoral body contended that letters and nomination documents signed by the party’s Acting National Chairman, Dr Sadiq Abubakar, and National Secretary, Dr Olu Agunloye, were invalid due to their alleged suspension by the party.

Despite INEC’s objections, the Federal High Court ordered the commission to include all SDP candidates on the ballot papers.

INEC complied but subsequently challenged the decision at the Court of Appeal, which upheld the high court ruling. Dissatisfied, INEC further appealed to the Supreme Court.

Delivering the lead judgment, Justice Mohammed Idris said the apex court found no justification to disturb the concurrent findings of the lower courts.

The panel ruled that the by-elections had already been conducted, with winners sworn into office, rendering the appeal an academic exercise.

“The substratum of this appeal has been dissipated. Courts do not engage in the determination of academic questions,” Justice Idris stated.

The Supreme Court also declined to entertain matters relating to the interpretation of the Electoral Act in the absence of a live dispute.

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Consequently, the appeal was dismissed in its entirety, reinforcing the authority of the Federal High Court and the Court of Appeal in resolving electoral disputes involving party leadership and candidacy recognition.