The Supreme Court of Nigeria dismissed an appeal filed by the Independent National Electoral Commission (INEC), which sought to challenge the leadership of the Social Democratic Party (SDP). The court ruled that the appeal was without merit and described the case as purely academic.
In a unanimous decision, the apex court awarded a cost of ₦2 million against INEC’s legal counsel. The commission had approached the Supreme Court to overturn a judgment by the Court of Appeal, which affirmed a prior ruling from the Federal High Court. This ruling mandated INEC to recognize and include SDP candidates in by-elections across 12 states.
The dispute began with a suit filed by the SDP at the Federal High Court, where it challenged INEC’s refusal to acknowledge its candidates despite the monitored primaries. INEC argued that the Court of Appeal erred in its judgment, stating that letters submitted on behalf of the SDP were invalid due to the alleged suspension of the party’s Acting National Chairman and National Secretary.
Despite complying with the Federal High Court’s order to include SDP candidates on the ballot, INEC continued to contest the decision. The Court of Appeal upheld the Federal High Court’s ruling, prompting another appeal to the Supreme Court.
In dismissing the appeal, the five-member panel of the Supreme Court found that the matter had become academic, as the by-elections had already taken place and winners were sworn in. Justice Mohammed Idris emphasized that the courts do not engage in determining academic questions and ruled that there was no live issue for adjudication.
Consequently, the appeal was dismissed, and costs were awarded against INEC’s lawyer.
