SDP Seeks Court Restraint Against INEC’s Enforcement of High Court Judgment
The Social Democratic Party (SDP) has approached the Court of Appeal in Abuja, requesting that it prevent the Independent National Electoral Commission (INEC) from implementing a Federal High Court judgment that affects its leadership. This move comes as the party prepares to challenge the ruling through an appeal.
In a petition submitted to the Court of Appeal, the SDP has asked for a stay on the enforcement of the judgment issued on June 24 by the Federal High Court. Party officials argue that moving forward with this judgment could undermine their appeal and alter the fundamental issues at stake before the case is heard.
Additionally, the SDP is calling for the Court of Appeal to stop INEC, along with its officers, agents, and associates, from taking any action related to the judgment until the appeal has been resolved.
Legal documents reviewed by BusinessDay indicate that the appeal, designated as CA/ABJ/CV/1011/2026, stems from a ruling made by Justice Mohamed Umar in case FHC/ABJ/CS/402/2026. The respondents listed in this appeal are Mr. Salau-Adeniyi Mustapha Olaitan, INEC, Mr. Shehu Musa Gabam, and Mr. Uchechukwu Chukwuma.
This application is grounded in Section 17 of the Court of Appeal Act and Order 4 Rule 6(2) of the Court of Appeal Rules 2021, along with the court’s inherent jurisdiction.
Central to this matter is the SDP’s assertion that the June 24 ruling directed INEC to act in accordance with a previous Court of Appeal judgment, which recognized Mr. Gabam as the party’s national chairman. However, the SDP contends that the Court of Appeal’s ruling was nullified by a Supreme Court decision on May 22, rendering it without legal authority.
The SDP argues that the Federal High Court’s decision calls for the enforcement of a judgment that has been overturned by the Supreme Court, contradicting the current legal standing. Furthermore, party officials cautioned that unless the Court of Appeal grants a stay, INEC might implement the judgment, potentially altering the status of the contested leadership role before the appeal is concluded.
The party has claimed that if the appellate court ultimately decides in its favor, any changes made during the interim could invalidate the appeal and result in irreversible harm. Among the reliefs requested are a stay on the Federal High Court’s judgment and an order prohibiting INEC from recognizing or acting upon the court’s directives while the appeal is ongoing.
This dispute also involves the acknowledgment of Mr. Salau-Adeniyi Mustapha Olaitan as the SDP’s gubernatorial candidate for the upcoming Osun State elections, alongside the recognition of Mr. Gabam and Mr. Chukwuma as the party’s national chairman and acting national secretary, respectively. The SDP has asserted that maintaining the current situation is essential and has urged the Court of Appeal to preserve the status quo until a decision is rendered on the appeal.
At this point, the Court of Appeal has yet to schedule a hearing for the application.
