The Supreme Court, on Friday, dismissed an appeal filed by INEC querying the leadership of the Social Democratic Party (SDP) for lacking in merit.
In the lead judgment by Justice Mohammed Idris, the apex court found no reason to dislodge the concurrent findings of the two lower courts.
The five-member panel of the apex court declared that the appeal had turned to an academic exercise, noting that elections had since held with all the winners sworn in.
It held that there was nothing upon which the apex court could exercise its adjudicatory powers.
It stressed the absence of any live matter for determination and declined questions on interpretation of the Electoral Act, saying the issues could not be resolved in vacuum.
“The substratum of this appeal has been dissipated, ” the panel held, saying “courts do not engage in interventions on academic questions.”
It thereafter, dismissed the appeal and awarded a N2million cost against INEC’s lawyer.
The Court of Appeal had also in a unanimous decision led by Justice Adebukola Banjoko dismissed the appeal and upheld the high court verdict.
The commission sought to set aside the Oct. 17, judgment of the Court of Appeal in Abuja, which upheld an order that compelled it to include SDP candidates in by-elections that were conducted across 12 states of the federation.
INEC faulted the appellant court for affirming the judgment of the Abuja Division of the Federal High Court in a suit marked: FHC/ABJ/CS/1525/2025, which was instituted against it by the SDP.
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 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 in the ballot.
Even though INEC complied with the high court order, it, however, took the matter before the appellate court.
Not satisfied with the outcome, INEC lodged the appeal the Supreme Court also dismissed on Friday
