Supreme Court Dismisses INEC’s Appeal In SDP By-Election Dispute, Awards N2m Cost

The Supreme Court has thrown out the Independent National Electoral Commission (INEC)’s appeal against the Social Democratic Party over the recognition of its candidates in by-elections held across 12 states.

The court said the case had become pointless since the elections already took place and winners have been sworn in. INEC was also ordered to pay N2m in costs.

INEC 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 the electoral body to recognise and include SDP candidates in by-elections conducted across 12 states of the federation.

The appeal arose from a suit marked FHC/ABJ/CS/1525/2025, 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 fact that the primaries that produced them were monitored by the commission.

INEC had argued that the Court of Appeal erred in affirming the decision of the Federal High Court, contending that letters and notices submitted on behalf of the SDP were invalid.

According to the commission, the documents were signed by the party’s Acting National Chairman, Dr Sadiq Abubakar, and National Secretary, Dr Olu Agunloye, whom it claimed had been suspended by the party.

The commission maintained that the alleged suspensions rendered all documents signed by the two party officials, including nomination letters for the by-elections, null and void.

However, the Federal High Court ordered INEC to recognise and include all SDP candidates on the ballot papers. Although INEC complied with the order, it proceeded to challenge the ruling at the Court of Appeal.

A three-member panel of the appellate court, led by Justice Adebukola Banjoko, dismissed INEC’s appeal and upheld the judgment of the Federal High Court.

Dissatisfied with the outcome, INEC further appealed to the Supreme Court.

In dismissing the appeal, a five-member panel of the apex court held that the matter had become an academic exercise, noting that the by-elections had already been conducted and the winners sworn into office.

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

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

The Supreme Court further ruled that there was no live issue upon which it could exercise its adjudicatory powers and declined to entertain questions relating to the interpretation of the Electoral Act in the absence of a subsisting dispute.

Consequently, the appeal was dismissed in its entirety, with costs of N2m awarded against INEC’s lawyer.