Supreme Court Sets Aside Appeal Court Judgment in SDP Leadership Dispute By Abdullahi Idris

The ongoing leadership dispute within the Social Democratic Party (SDP) took a new turn following a Supreme Court judgment that set aside an earlier decision of the Court of Appeal relating to issues surrounding the party's leadership and the conduct of its primary election in Ekiti State.

In a unanimous judgment delivered in Suit No. SC/CV/229/2026 on May 22, 2026, the Supreme Court nullified the judgment of the Court of Appeal, Abuja Division, which had addressed matters arising from the party's internal leadership contest and governorship primary election in Ekiti State.

The case originated from Appeal No. CA/ABJ/CV/126/2026, filed by SDP member Fayemi Babatunde, who challenged the conduct of the party's Ekiti State governorship primary election and raised questions regarding the authority of the party officials who supervised the process.

Babatunde argued that certain actions taken by the party leadership were inconsistent with the SDP constitution and relevant provisions of the Electoral Act. He also sought orders relating to the recognition of candidates that emerged from the disputed primary election.

Earlier, on January 19, 2026, the Federal High Court in Abuja, presided over by Justice Emeka Nwite, dismissed the suit and upheld the processes challenged by the plaintiff.

However, on March 27, 2026, the Court of Appeal partly overturned the lower court's decision. The appellate panel, led by Justice Eberechi Nyesom-Wike, held that the Federal High Court lacked jurisdiction to make certain pronouncements concerning the party's leadership dispute.

While allowing the appeal in part, the Court of Appeal maintained that the appellant was not an aspirant in the governorship primary election under contention.

Following the appellate court judgment, the Independent National Electoral Commission (INEC) updated its records concerning the SDP's national officers. The commission's records reflected officials recognised at the time based on the prevailing court decisions and documents before it.

With the Supreme Court's decision setting aside the Court of Appeal judgment, legal observers say the matter may have implications for the status of previous decisions and administrative actions taken in reliance on the appellate court ruling.

As of the time of filing this report, stakeholders within the party were studying the implications of the Supreme Court judgment on the SDP's leadership structure and future activities.

Efforts to obtain reactions from the various parties involved were ongoing.

This version reports the court proceedings and their implications without declaring any individual "sacked" or making definitive claims about who is the lawful party leader unless expressly stated in the court judgment.