Supreme Court refuses INEC’s appeal against SDP, imposes N2m fine

The Supreme Court has dismissed the appeal by the Independent National Electoral Commission (INEC) against the Social Democratic Party (SDP) for an alleged non-compliance with the law in its national congress. A five-member panel of justices, on Friday ruled that the appeal was incompetent and lacking in merit. In the lead judgement prepared by Justice […]

The Supreme Court has dismissed the appeal by the Independent National Electoral Commission (INEC) against the Social Democratic Party (SDP) for an alleged non-compliance with the law in its national congress.

A five-member panel of justices, on Friday ruled that the appeal was incompetent and lacking in merit.

In the lead judgement prepared by Justice Muhammed Baba Idris, the appeal was moved on December 5, 2025, long after an election was conducted and successful candidates published.

Reading the lead judgement, Justice Jamilu Tukur said that by that time, “the substratum of the appeal has been completely dissipated and spent”, which made it academic. The panel imposed the sum of N2 million against the counsel to INEC. The electoral body had filed the appeal following the October 17 judgement of the Court of Appeal, which upheld an order of the Federal High Court in Abuja that compelled it to include SDP candidates in by-elections that were conducted across 12 states of the federation.

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The appellate court had also held that the SDP complied with section 82(1) and articles 12(3) and 24(1) of the INEC guidelines in providing a 21-day notice for its national congress.

The courts disagreed with INEC’s contention that the notices, signed by the acting national chairman of SDP, Dr Sadiq Umar Abubakar and the national secretary, Dr Olu Agunloye, were invalidated by their previous suspensions.