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), describing the suit as lacking in merit and purely academic.
In a unanimous judgment, the apex court held that INEC failed to establish any justifiable basis for the appeal and consequently affirmed the decisions of the lower courts. The court further awarded a cost of ₦2 million against INEC’s counsel for instituting what it termed an unnecessary appeal.
INEC had approached the Supreme Court seeking to overturn the October 17 judgment of the Court of Appeal, Abuja Division, which upheld an earlier ruling of the Federal High Court. The lower courts had ordered the electoral body to recognise the leadership of the SDP and include its candidates in by-elections conducted across 12 states of the federation.
In dismissing the appeal, the Supreme Court agreed with the findings of the Court of Appeal that the matter had become academic, especially as the by-elections in question had already been concluded. The apex court stressed that courts do not engage in the determination of hypothetical or academic issues that would serve no practical purpose.
The ruling effectively puts an end to the legal dispute between INEC and the SDP over the party’s leadership and participation in the by-elections, reaffirming the position of the lower courts that the electoral body was bound to comply with subsisting court orders.
Legal analysts say the judgment reinforces the principle that administrative agencies must respect and obey court decisions, while also discouraging the pursuit of appeals that do not raise live issues for judicial determination.
