The Social Democratic Party has urged the Court of Appeal, Abuja Division, to stay the execution of the Federal High Court judgement that sought to give effect to an appellate court decision already set aside by the Supreme Court.

In a motion on notice filed before the appellate court, SDP is seeking an order suspending the execution of the judgement delivered on June 24 by the Federal High Court, Abuja Division, pending the hearing and determination of its appeal.

The SDP also wants the appellate court to restrain the Independent National Electoral Commission, its officials, agents or privies from taking any step to enforce or implement the judgement until the substantive appeal is determined.

Court documents indicate that the appeal, marked CA/ABJ/CV/1011/2026, arose from the judgement delivered by Justice Mohammed Umar in suit number: FHC/ABJ/CS/402/2026. Salawu-Adeniyi Mustapha Olaitan, INEC, Shehu Musa Gabam and Uchechukwu Chukwuma are listed as respondents.

The application was brought pursuant to Section 17 of the Court of Appeal Act, Order 4 Rule 6(2) of the Court of Appeal Rules, 2021, and under the court’s inherent jurisdiction.

At the centre of the dispute is the SDP’s contention that the FHC, in its June 24 judgement, directed INEC to enforce the March 27 judgement of the Court of Appeal in Fayemi Tosin Babatunde v. INEC, which the party said recognised Mr Gabam as its national chairman.

The party, however, argued that the appellate court’s judgement had already been set aside by the Supreme Court on May 22 and therefore ceased to have legal effect. According to the SDP, the June 24 judgement effectively sought to enforce a decision nullified by the apex court, a development it described as inconsistent with the subsisting judgement of the Supreme Court.

The party maintained that unless the appellate court intervenes by granting a stay of execution, INEC could proceed to implement the FHC judgement, thereby altering the subject matter of the appeal before it is heard. It further argued that such a situation could render the appeal nugatory and occasion irreparable prejudice if the appellate court eventually rules in its favour.

Among the reliefs sought is an order staying the execution of the FHC judgement pending the determination of the appeal. The SDP is also asking the appellate court to restrain INEC from recognising or acting on the FHC’s orders while the appeal remains pending.

The dispute also touches on the recognition of Mr Olaitan as the SDP’s governorship candidate for the Osun governorship election, as well as the recognition of Messrs Gabam and Chukwuma as the party’s national chairman and acting national secretary, respectively.

In the application, the party urged the appellate court to preserve the status quo until the issues raised in the appeal are finally determined. It argued that the balance of convenience favours maintaining the existing position.

(NAN)