Supreme Court Delivers Verdict: Gabam's INEC Letter Invalidated, SDP Rejoices

The Social Democratic Party (SDP) has asserted that the Independent National Electoral Commission (INEC) lacks a legal foundation to act on a letter requesting the reinstatement of Shehu Musa Gabam as its National Chairman. This development follows a complex legal battle involving multiple court judgments regarding the party's leadership.

On July 9, 2026, Gabam's legal representatives submitted a letter to INEC, citing a Federal High Court judgment (Suit No. FHC/ABJ/CS/402/2026) delivered on June 24, 2026. This judgment was presented as a basis for recognizing Gabam as the party's chairman. However, this action came months after the Supreme Court, on May 22, 2026, had set aside an earlier Court of Appeal decision and definitively affirmed Gabam's removal. Following the Supreme Court's ruling, INEC had already recognized and reinstated Prof. Sadiq Gombe as the legitimate National Chairman of the SDP.

Araba Rufus Aiyenigba, the SDP's National Publicity Secretary, issued a statement on Friday, indicating that the party has appealed the June 24 High Court judgment, and the matter is currently pending before the Court of Appeal. Aiyenigba also clarified that Salawu Adeniyi Mustapha Adeoti, the plaintiff in the suit, is not the party's legitimate governorship candidate for Osun State, stating that "Dr. Ajala emerged from our valid primary."

The SDP's argument centers on the principle that the Supreme Court has consistently maintained that lower courts do not have jurisdiction to determine who holds executive positions within a political party, such as National Chairman or National Secretary. The party emphasized that the High Court judgment contains no explicit order mandating INEC to install Gabam as Chairman or Ogbonna Okechukwu as Secretary, thereby negating any duty for INEC to act on that specific ruling.

Furthermore, Aiyenigba pointed out that the High Court's judgment, which criticized INEC, relied on a Court of Appeal decision in Fayemi Tosin Babatunde vs INEC. Crucially, the Supreme Court had set aside this very Court of Appeal decision on May 22, 2026, more than a month before the Federal High Court issued its ruling. The SDP stated that INEC had already complied with the annulled Court of Appeal judgment before its nullification by the Supreme Court, meaning there is no subsisting judgment for the High Court to enforce against the commission.

The party urged INEC to preserve the current leadership status quo within the SDP until the Supreme Court delivers its final judgment on the pending appeal. They stressed that acting contrary to the Supreme Court's prior voiding of the referenced judgment would effectively mean a lower court overruling the apex court. Aiyenigba concluded by stating, "The SDP is not a private estate or inheritance. It is a public institution belonging to Nigerians." He also confirmed that on July 9, 2026, the SDP held its NEC meeting and had officially registered Prince Adewole Adebayo and Dr. Usman Bugaje as its presidential and vice-presidential candidates, respectively, for the 2027 elections.