Judgment Day For INEC: Supreme Court Upholds SDP Victory, Awards ₦2m Cost

On Friday, the Supreme Court dismissed the appeal filed by the Independent National Electoral Commission (INEC) challenging the leadership of the Social Democratic Party (SDP), ruling that the case lacked merit. The apex court also upheld previous rulings requiring INEC to recognise and include SDP candidates in by-elections held across 12 states.

INEC had sought to overturn the October 17, 2025, judgment of the Court of Appeal, Abuja, which affirmed a Federal High Court order directing the commission to include SDP candidates on the ballot. The electoral body argued that the letters and notices submitted by SDP, signed by Acting National Chairman Dr. Sadiq Umar Abubakar and National Secretary Dr. Olu Agunloye, were invalid because both officials had allegedly been suspended by the party. INEC contended that these internal suspensions nullified the legitimacy of the documents nominating candidates for the by-elections.

The SDP had challenged INEC’s refusal to recognise its candidates despite the primaries being monitored by the electoral body. Following the party’s legal action, the Federal High Court directed INEC to include SDP candidates. While INEC initially complied, it later appealed to the Court of Appeal, which unanimously dismissed the appeal and upheld the high court ruling.

Still dissatisfied, INEC took the matter to the Supreme Court. However, a five-member panel ruled that the appeal had become an academic exercise, as the elections had already been conducted and the winners sworn in. Justice Mohammed Idris, delivering the lead judgment, stated that there was no live issue remaining for adjudication and that the court could not intervene on abstract or “academic” questions.

In addition to dismissing the appeal, the Supreme Court imposed a ₦2 million cost on INEC’s lawyer.