The Supreme Court, declaratory judgement on a suit number SC/CV/229/2026, set aside the Court of Appeal Judgement which Independent National Electoral Commission (INEC) relied upon to remove Prof. Sadiq Umar Abubakar Gombe as National Chairman, and replaced with the expelled former national chairman, Shehu Musa Gabam, on the Commission’s portal.
The apex court heard the six appeals brought by the SDP on Tuesday, 12th May 2026, and reserved judgement for Friday 22nd May 2026. Supreme Court read a full judgement in FAYEMI TOSIN BABATUNDE VS INEC & 4 ORS SC/CV/229/2026 and ordered that the other five appeals shall abide by this judgement.
The Supreme Court held inter alia thus:
(1) Plaintiffs had no locus standi, not being aspirants, and that robbed the Court of jurisdiction.
(2) Federal High Court was right to have dismissed the suit for lack of locus standi and having so dismissed the suit should not have bothered to make other findings.
(3) The Court of Appeal per Nyesom-Wike JCA, was wrong to have on the basis of an appeal by an appellant lacking in locus standi and without jurisdiction to invalidate the Ekiti Governorship primarily election which returned Ambassador Isaac Adebayo Alade as the SDP Governorship candidate for the June 2026 election in Ekiti State. That judgement of the Court of Appeal is set aside
(4) The Court of Appeal is wrong to have on the basis of this appeal pronounced on the issue of venue and other aspects of the Ekiti State Governorship primary Election of the SDP. That judgement is also set aside.
(5) The Court of Appeal is wrong to have alluded to or rely on INEC report on another purported parallel governorship primary election of Engineer David Oludele Bankole. That is also set aside.
(6) The Court of Appeal was wrong to have made pronouncements on the leadership of SDP without jurisdiction. Those pronouncements pertaining to Prof Sadiq Abubakar Gombe and SDP leadership are also set aside.
(7) In the final analysis, the Court of Appeal should not have disturbed the judgement of the Trial Court. Supreme Court strikes the suit ab initio for lack of locus standi as held by the Federal High Court per Nwite J and sets aside all the parts of the judgement of the Court of Appeal delivered on 27th March 2027 which set aside parts of the judgement of the Federal High Court delivered on 19th January 2026.
Reacting to the judgement, SDP National Publicity Secretary, Araba Rufus Aiyenigba, said foregoing Supreme Court judicial action set aside the judgement of Hon. Justice Eberechi Suzzette Nyesom-Wike, JCA, upon which INEC wrongly relied on to restore the former Chairman, expressly brings to finality the shenanigans of Gabam and his co-travellers, and the distraction caused by his activities, which were apparently funded and enabled, by some well-placed individuals within the polity.
“By implications, it is the end of the road for Gabam and his co-conspirators, and the incontestable affirmation of the Prof. Gombe-led National Working Committee (NWC) as the authentic national leadership of the SDP, as well as the validation of the actions taken by the National Convention of the Party, which held in Bauchi on May 9, 2026.
“The SDP, having finally overcome the deliberate and concerted ploy to undermine and distract it ahead of the 2027 polls, has been strongly strengthened and positioned to forge ahead in its well-laid out programs and activities towards coming out victorious in the general elections.
“The Party salutes the independence and courage of conviction displayed by the distinguished Priest of the nation’s. highest Temple of Justice, on this particular matter. The resilience of the SDP national leadership under Prof. Sadiq Umar Abubakar Gombe and the members across the country are greatly commended and appreciated. We salute everyone for staying the course admirably during the struggle and long walk to freedom for the Party.
“Truth and common sense have finally prevailed over lies and deception and national interest over the personal interest of ‘career politicians’, and Nigeria is better for this positive development.
“Yes, victory has finally been delivered to us, and the party returned to the people who are the true owners, but the real work has just begun for all well-meaning SDP faithful.
“The task has been set out – the duty of selling the ideals of social democracy and people-centred politics as well laid out in the manifesto of the party, and as represented by the relatable national restoration amd economic recovery agenda of Prince Adewole Adebayo, the presidential Candidate of the Party elected at the National Convention of the party in Bauchi, for the 2027 general elections,” he said.
