The Supreme Court, on Friday, struck out an appeal by the Independent National Electoral Commission, INEC, against the leadership of the Social Democratic Party, SDP, for lacking in merit.
INEC, through its team of lawyers, requested to set aside the October 17 judgement 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.
The Commission slammed the appellate court for affirming the judgement 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.
Meanwhile, 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.
The electoral body argued that letters and notices that were sent to it, on behalf of the party, were invalid.
It added that the correspondences were signed by the Acting National Chairman of SDP, Dr Sadiq Umar Abubakar, and the National Secretary, Dr Olu Agunloye.
According to the Commission, the duo were previously suspended by the party.
It was INEC’s position that internal party suspensions invalidated all the letters that Abubakar and Agunloye signed, including the 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.
In a unanimous decision, a three-man panel of the Court of Appeal led by Justice Adebukola Banjoko dismissed the appeal and upheld the high court verdict.
Not happy with the outcome, INEC lodged the appeal, which the Supreme Court also dismissed on Friday.
A five-member panel of the apex court declared that the appeal had turned into an academic exercise, noting that elections had since been held with all the winners sworn in.
In the lead judgement that was prepared by Justice Mohammed Idris, the Supreme Court said it found no reason to dislodge the concurrent findings of the two lower courts.
“The substratum of this appeal has been dissipated,” the panel held, saying, “Courts do not engage in interventions on academic questions.”
It held that there was nothing upon which the apex court could exercise its adjudicatory powers.
Stressing the absence of any live matter for determination, the Supreme Court declined questions on interpretation of the Electoral Act, saying the issues could not be resolved in a vacuum.
Aside from dismissing the appeal, the court awarded a N2 million cost against INEC.
