SDP seeks stay of judgment on leadership dispute

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)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

States
Independence: NBA urges Nigerians to expect better future
The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

States
Troops kill 16 suspected ISWAP members in Borno
The statement said the operation was conducted using air and ground weapon systems.

States
Adamawa: Tompolo mobilises support for Tinubu’s 2027 re-election
He described Mr Tinubu as a courageous leader who prioritised the interests of Nigeria.

Heading 1
Trump offers $1 million reward to anyone reporting voter fraud
On Monday, 48 foreign nationals were charged with illegal voting and other election-related crimes.

Education
OAU resumes new academic session November 1
The school noted that registration for newly admitted students would begin on November 2.

Heading 5
Apple’s first foldable iPhone draws complaints over cracked screens
Apple released the iPhone Duo, its first foldable phone, earlier this year.

Sport
Lamine Yamal wins ‘Men’s young talent of the year’
The Spanish and Barcelona star played a key role in Spain’s World Cup victory.





