The Social Democratic Party (SDP) has asked the Court of Appeal in Abuja to suspend the execution of a Federal High Court judgment it claims directly contradicts an earlier decision of the Supreme Court, warning that allowing the ruling to stand could create what it described in court filings as a constitutional anomaly in the administration of justice.
In the application filed before the appellate court, the party is seeking an order staying the execution of the June 24, 2026 judgment delivered by Justice M.G. Umar of the Federal High Court, Abuja, pending the determination of its appeal.
The SDP is also asking the Court of Appeal to restrain the Independent National Electoral Commission (INEC) from implementing any aspect of the judgment until the appeal is heard and determined.
At the heart of the dispute is the party’s contention that the Federal High Court relied on a Court of Appeal decision which, according to the SDP, had already been set aside by the Supreme Court on May 22, 2026.
The party argued that following the apex court’s judgment, INEC recognised Prof. Sadiq Umar Abubakar Gombe as the SDP’s National Chairman, making any subsequent order directing the commission to act on the earlier appellate judgment legally unsustainable.
In its appeal, the SDP contended that it would amount to a grave judicial error for a lower court to give effect to a judgment which, according to the party, had already been nullified by the Supreme Court.
The appeal, marked CA/ABJ/CV/1011/2026, arose from the judgment in Suit No. FHC/ABJ/CS/402/2026, which also touched on the nomination of the party’s candidate for the 2026 Osun State governorship election.
Named as respondents are Salawu-Adeniyi Mustapha Olaitan, the Independent National Electoral Commission (INEC), Alhaji Shehu Musa Gabam and former National Youth Leader Uchechukwu Chukwuma.
The SDP maintained in its court papers that Gabam and Chukwuma had been expelled from the party and were therefore not entitled to act on its behalf. Those claims remain the subject of ongoing legal proceedings.
The party further argued that its appeal raises substantial legal questions requiring the interpretation of the hierarchy of courts and the effect of Supreme Court judgments on subsequent proceedings before lower courts.
According to the application, if INEC proceeds to implement the Federal High Court judgment before the appeal is determined, the issues before the appellate court may become academic, thereby defeating the purpose of the appeal.
The SDP consequently urged the Court of Appeal to preserve the status quo pending the determination of the substantive appeal, insisting that doing otherwise could lead to irreversible legal and political consequences.
The latest move marks another twist in the prolonged legal battle over the leadership of the SDP 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.