The Supreme Court on Friday dismissed an appeal filed by the Independent National Electoral Commission, INEC, challenging the leadership of the Social Democratic Party, SDP, and ordered the electoral body to pay a cost of ₦2 million.
In its decision, the apex court held that the appeal lacked merit and declined to interfere with the concurrent judgments of the lower courts.
The court noted that the matter had become academic, as the disputed by-elections had already been conducted and the winners sworn in.
The dispute arose from INEC’s refusal to recognise candidates fielded by the SDP in by-elections held across 12 states of the federation.
The party had approached the Federal High Court in Abuja, arguing that its candidates emerged from valid primaries monitored by INEC, and that the commission had no basis for excluding them.
On October 17, the Federal High Court ruled in favour of the SDP and ordered INEC to recognise and include the party’s candidates in the elections.
INEC complied with the order but proceeded to challenge the judgment at the Court of Appeal.
In a unanimous decision delivered by a panel led by Justice Adebukola Banjoko, the Court of Appeal dismissed INEC’s appeal and affirmed the judgment of the high court.
Dissatisfied, INEC further appealed to the Supreme Court, seeking to set aside the appellate court’s ruling.
INEC argued that the letters and notices submitted to it by the SDP were invalid because they were signed by the party’s Acting National Chairman, Dr Sadiq Umar Abubakar, and National Secretary, Dr Olu Agunloye, who the commission said had been suspended by the party.
However, in the lead judgment delivered by Justice Mohammed Idris, the Supreme Court held that there was no live issue left for determination.
The court observed that since the elections had already taken place and all elected officials had been sworn in, there was nothing upon which it could exercise its adjudicatory powers.
The five-member panel stressed that courts do not engage in academic or hypothetical questions and declined to delve into issues relating to the interpretation of the Electoral Act in the absence of a live dispute.
Consequently, the apex court dismissed the appeal and awarded a cost of ₦2 million against INEC’s counsel.
