The Social Democratic Party (SDP) has approached the Court of Appeal in Abuja seeking a stay of execution of a Federal High Court judgement which it said contradicted an earlier Supreme Court decision on the party’s leadership and the nomination of its candidate for the 2026 Osun State governorship election.
The party is asking the appellate court to suspend the execution of the June 24, 2026 judgment delivered by Justice M.G. Umar of the Federal High Court, Abuja, pending the determination of its appeal.
It is also seeking an order restraining the Independent National Electoral Commission (INEC) from implementing the judgment until the appeal is heard and determined.
According to the SDP, the Federal High Court directed INEC to enforce an earlier Court of Appeal judgment delivered on March 27, 2026, in Fayemi Tosin Babatunde v. INEC, which recognised Alhaji Shehu Musa Gabam as the party’s national chairman.
However, the party argued that the Supreme Court had, on May 22, 2026, set aside the Court of Appeal judgment, after which INEC reinstated Prof Sadiq Umar Abubakar Gombe as the SDP’s national chairman.
The party described the High Court’s decision as “judicial rascality” and a legal nullity, arguing that a lower court cannot revive or enforce a judgment that has already been nullified by the Supreme Court.
Court documents showed that the appeal, marked CA/ABJ/CV/1011/2026, arose from the Federal High Court judgement in Suit No. FHC/ABJ/CS/402/2026.
The SDP is the appellant, while Salawu-Adeniyi Mustapha Olaitan, INEC, expelled National Chairman Shehu Gabam and expelled National Youth Leader Uchechukwu Chukwuma are listed as respondents.
The party said the dispute stemmed from the Federal High Court’s recognition of Olaitan as the SDP’s governorship candidate for the 2026 Osun State governorship election.
In its motion, filed pursuant to Section 17 of the Court of Appeal Act and Order 4 Rule 6(2) of the Court of Appeal Rules, 2021, the SDP argued that its appeal raises substantial and arguable issues deserving judicial consideration.
It contended that allowing the judgment to be implemented before the appeal is determined could alter the subject matter of the case and render the appeal nugatory.
The party further maintained that implementation of the judgment, particularly by INEC, could create irreversible consequences if the Court of Appeal eventually rules in its favour.
According to the SDP, preserving the status quo pending the determination of the appeal would better serve the interest of justice and prevent the appeal from becoming merely academic.
The party also maintained that Olaitan, Gabam and Chukwuma are no longer members of the SDP, adding that both Gabam and Chukwuma are facing criminal prosecution before a Wuse Magistrate Court.
The Court of Appeal has yet to fix a date for the hearing of the application.
