SDP Seeks Stay of High Court Judgment on Leadership Tussle

The Social Democratic Party (SDP) has approached the Court of Appeal, Abuja Division, seeking a stay of execution of a Federal High Court judgment in the party’s protracted leadership dispute, pending the determination of its appeal.

The party is also asking the appellate court to restrain the Independent National Electoral Commission (INEC) from implementing the judgment until the appeal is heard and determined.

Court documents showed that the application followed the June 24, 2026 judgment delivered by Justice M.G. Umar of the Federal High Court, Abuja, in Suit No. FHC/ABJ/CS/402/2026.

The appeal, marked CA/ABJ/CV/1011/2026, arose from the Federal High Court’s decision recognising Salawu-Adeniyi Mustapha Olaitan as the SDP’s governorship candidate for the 2026 Osun State governorship election.

According to the party, the same judgment also directed INEC to enforce an earlier Court of Appeal decision delivered on March 27, 2026, recognising Shehu Musa Gabam as the party’s National Chairman.

However, the SDP argued that the Court of Appeal judgment had already been set aside by the Supreme Court on May 22, 2026, after which INEC reinstated Prof. Sadiq Umar Abubakar Gombe as the party’s National Chairman.

The party maintained that the Federal High Court lacked the authority to revive or enforce a judgment that had been nullified by the apex court.

Describing the High Court’s decision as a legal nullity, the SDP contended that allowing the judgment to stand would create uncertainty over the party’s leadership and undermine the authority of the Supreme Court.

The motion, 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, seeks an order staying the execution of the judgment pending the hearing and determination of the appeal.

It also seeks an order restraining INEC, either by itself, its officers, agents or privies, from taking any steps to enforce or give effect to the Federal High Court judgment until the appellate court reaches a decision.

In the application, the SDP argued that the appeal raises substantial and arguable legal issues deserving the consideration of the Court of Appeal.

The party submitted that unless execution of the judgment is suspended, the subject matter of the appeal could be fundamentally altered before the appellate court has an opportunity to pronounce on the issues in dispute.

According to the application, implementing the judgment; particularly by INEC could render the appeal nugatory if the SDP eventually succeeds.

“The interest of justice would be better served by preserving the existing state of affairs pending the determination of the substantive appeal,” the application stated.

The party also urged the appellate court to exercise its discretionary powers to prevent a situation where the appeal would become merely academic after irreversible steps had been taken in compliance with the Federal High Court’s judgment.

The respondents in the appeal include Salawu-Adeniyi Mustapha Olaitan, INEC, the SDP’s expelled former National Chairman, Alhaji Shehu Musa Gabam, and the party’s expelled former National Youth Leader, Uchechukwu Chukwuma.

According to the SDP, Gabam and Chukwuma are no longer members of the party and are facing criminal prosecution before a Wuse Magistrates’ Court.

The legal battle stems from the dispute over the SDP’s Osun State governorship primary and the party’s leadership, which has generated multiple court actions in recent months.

As of the time of filing the application, the Court of Appeal had yet to fix a date for hearing the motion seeking a stay of execution of the Federal High Court judgment.