The Supreme Court of Nigeria has set aside a Court of Appeal judgment that had earlier been used by the Independent National Electoral Commission (Independent National Electoral Commission) to recognise Shehu Gabam as the National Chairman of the Social Democratic Party (Social Democratic Party).
CityNews Nigeria reports that the ruling, delivered on Friday in suit SC/CV/229/2026, effectively wipes away the appellate decision that had validated Gabam’s leadership status within the party.
The apex court held that the earlier judgment of the Court of Appeal, Abuja Division, which INEC relied on for its official recognition, cannot stand in law. With this latest decision, the legal basis for Gabam’s recognition as SDP chairman has now been nullified, deepening the ongoing leadership crisis within the party.
The dispute has been tied to a prolonged internal struggle over control of the SDP and the legality of key party decisions, including the Ekiti State governorship primary election. The controversy has repeatedly dragged the party through different levels of the judiciary.
Earlier, the Court of Appeal in its March 27, 2026 judgment in appeal CA/ABJ/CV/126/2026 had partially overturned a Federal High Court ruling that initially upheld the leadership of the Dr. Sadiq Gombe-led National Working Committee.
The appeal was filed by party member Fayemi Babatunde, who challenged the legitimacy of the party structure that conducted the disputed primary.
Babatunde had argued that the National Working Committee led by Sadiq Gombe was not properly constituted and therefore lacked the legal authority to organise valid primaries under the party constitution and the Electoral Act. He also asked the court to stop INEC from recognising candidates produced from the process.
The Federal High Court in Abuja, presided over by Emeka Nwite, had earlier dismissed the suit in January 2026, holding that the party leadership was valid and its processes lawful.
However, on appeal, a three-member panel of the Court of Appeal, led by Eberechi Nyesom-Wike alongside Justices Abba Mohammed and Oyejoju Oyewumi, ruled that the trial court acted without jurisdiction on some of the key findings. The court held that such findings were therefore null and void.
In its pronouncement, the appellate court stated: “The appeal succeeds in part,” the court held, while affirming only that Babatunde was not an aspirant in the disputed primary.
Although the Court of Appeal nullified parts of the Federal High Court judgment, it still referenced INEC’s monitoring report, which indicated that the primary election was conducted and produced a winner, Mr. Bankole Oludele.
Following that earlier appellate judgment, INEC had updated its records in April to reflect Gabam as National Chairman, alongside other National Working Committee officials, including Olu Agunloye as National Secretary, Hajia Maggie Mariam as National Treasurer, and Aderemi Abimbola as National Legal Adviser. The commission also tagged the party structure as operating under a “By Court Order” arrangement.
With the Supreme Court’s latest ruling now overturning the foundation of that appellate decision, the recognition previously extended to Gabam and the current SDP leadership structure is expected to be reviewed once again by INEC.
