The Social Democratic Party (SDP) has intensified its legal battle over its leadership and the 2026 Osun State governorship ticket by asking the Court of Appeal in Abuja to suspend the execution of a Federal High Court judgment which it alleges conflicts with an earlier decision of the Supreme Court.
In the appeal, the party is seeking an interim order restraining the Independent National Electoral Commission (INEC) from implementing the June 24, 2026 judgment of the Federal High Court, Abuja, pending the determination of its substantive appeal.
According to court documents filed by the SDP, the judgment delivered by Justice M.G. Umar directed INEC to act on a Court of Appeal decision relating to the party’s leadership. However, the SDP contended that the Court of Appeal judgment had already been set aside by the Supreme Court on May 22, 2026, making the subsequent High Court order unenforceable.
The party argued that following the Supreme Court’s decision, INEC recognised Prof. Sadiq Umar Abubakar Gombe as the SDP’s National Chairman and therefore could not lawfully implement directives based on a judgment that had allegedly been nullified.
Describing the Federal High Court ruling as a legal nullity, the SDP argued that the appeal raises fundamental questions about the binding effect of Supreme Court decisions on lower courts and the proper application of judicial precedent.
In the appeal marked CA/ABJ/CV/1011/2026, the party is asking the Court of Appeal to stay the execution of the judgment and restrain INEC, its officers and agents from taking any action capable of giving effect to the decision until the appeal is determined.
The dispute stems from Suit No. FHC/ABJ/CS/402/2026, which concerns the nomination of the SDP’s candidate for the 2026 Osun State governorship election.
Named as respondents are Salawu-Adeniyi Mustapha Olaitan, INEC, Alhaji Shehu Musa Gabam and former National Youth Leader Uchechukwu Chukwuma.
The SDP maintained in its court filings that Gabam and Chukwuma had been expelled from the party and were no longer authorised to act on its behalf. Those claims remain contested and are among the issues before the courts.
The party further submitted that unless the execution of the judgment is suspended, INEC’s implementation of the decision could alter the subject matter of the appeal and render any eventual judgment of the Court of Appeal ineffective.
It argued that preserving the status quo pending the determination of the appeal would serve the interest of justice and prevent irreversible consequences.
The application was brought pursuant to Section 17 of the Court of Appeal Act, Order 4 Rule 6(2) of the Court of Appeal Rules, 2021, and the inherent jurisdiction of the court.
The fresh appeal represents the latest development in the protracted legal contest over the SDP’s national leadership and the nomination of its candidate for the forthcoming Osun State governorship election.
As of the time of filing this report, the Court of Appeal had yet to fix a hearing date for the motion, while INEC and the other respondents had not publicly responded to the application.
