The Social Democratic Party (SDP) has emerged victorious in its legal battle with the Independent National Electoral Commission (INEC), a ruling that reinforces the party’s autonomy and clears the way for its candidates to participate in an upcoming by-election.
The Court of Appeal in Abuja, presided over by Justice Banjoko, JCA, and a panel of judges, on Friday, 17 October 2025, upheld the Federal High Court’s August 2025 judgment in favour of the SDP. The ruling effectively rebuffed INEC’s attempt to disregard the High Court’s earlier decision, which recognised the Acting National Chairman and National Secretary as legitimate authorities of the party.
The dispute began earlier this year when INEC refused to recognise letters signed by the SDP’s Acting National Chairman, Dr Sadiq Umar Abubakar (Gombe), and National Secretary, Dr Olu Agunloye. The commission claimed that internal party suspensions rendered the letters invalid, effectively barring the SDP from fielding candidates.
“Under the law, if you are suspended, you cannot sign official documents,” an INEC official had argued. The SDP, however, maintained that both Dr Abubakar and I were duly authorised to act on behalf of the party and challenged INEC’s decision in court.
In August 2025, the Federal High Court ruled in favour of the SDP. INEC subsequently appealed, but on Friday, 17 October 2025, the Court of Appeal in Abuja, led by Justice Banjoko, JCA, upheld the lower court’s judgment. The ruling affirmed that INEC cannot ignore communications from the Acting National Chairman and National Secretary, nullifying earlier claims that Dr Abubakar was “unknown” to the commission.
“This judgment is a strong affirmation of the party’s constitutional and legal rights,” Dr Olu Agunloye, SDP National Secretary, said. “The horse is galloping.”
Agunloye also highlighted the internal complexities at INEC and within the SDP that contributed to the dispute. “Some people at INEC must have connections with certain individuals in the SDP, which complicated matters. But the courts have settled the issue in our favour,” he noted.
The ruling comes at a crucial time as the SDP stabilises its leadership ahead of the installation of a new chairman next week. Analysts say the decision sets a precedent for other political parties, underscoring that INEC cannot override legally recognised party structures.
For the SDP, the dual victories — first at the Federal High Court in August and now at the Court of Appeal — represent not just legal success but a reinforcement of the party’s ability to operate independently in Nigeria’s often fractious political environment.
