Supreme Court Nullifies Appeal Court Ruling on Ekiti SDP Governorship Primary
The Supreme Court has set aside major parts of an earlier Court of Appeal judgment concerning the leadership crisis and governorship primary election of the Social Democratic Party (SDP) in Ekiti State.
The judgment was delivered on Friday in the appeal filed by Fayemi Tosin Babatunde against the Independent National Electoral Commission (INEC) and four others in suit number SC/CV/229/2026.
The apex court had earlier heard six consolidated appeals on May 12, 2026, before reserving judgment. It later ruled that the decision in the lead appeal would apply to the remaining five cases.
Babatunde, a member of the SDP, had challenged the legitimacy of the party’s National Working Committee led by Dr. Sadiq Umar Abubakar Gombe and Dr. Olu Agunloye. He also questioned the conduct of the Ekiti governorship primary election, arguing that it violated the party’s constitution and provisions of the Electoral Act.
Justice Emeka Nwite of the Federal High Court, Abuja, had dismissed the suit on January 19, 2026, holding that Babatunde was not an aspirant in the governorship primary and affirming Dr. Gombe as the authentic national chairman of the SDP.
However, the Court of Appeal later overturned parts of that ruling on March 27, 2026. The appellate court held that the Federal High Court lacked the jurisdiction to make pronouncements on the internal leadership affairs of the SDP.
In its final judgment, the Supreme Court ruled that Babatunde lacked the legal standing, also known as locus standi, to institute the suit because he was not a contestant in the disputed primary election.
The apex court stated that once the trial court determined that the plaintiff lacked locus standi, it no longer had the jurisdiction to proceed further with the matter.
While agreeing that the Federal High Court was right to dismiss the case, the Supreme Court faulted the lower court for making additional findings after concluding that it lacked jurisdiction.
The court also criticised the Court of Appeal for going beyond its powers by invalidating the Ekiti SDP governorship primary that produced Ambassador Isaac Adebayo Alade as the party’s candidate for the June 2026 governorship election.
According to the Supreme Court, the appellate court had no authority to make pronouncements on the validity, venue, or conduct of the primary election based on an appeal filed by someone without legal standing.
The apex court subsequently nullified those portions of the Appeal Court judgment, including its reliance on an INEC report concerning another alleged parallel governorship primary said to have been won by Engineer David Oludele Bankole.
The Supreme Court also struck down all pronouncements made by the Court of Appeal regarding the leadership structure of the SDP and the position of Dr. Gombe as party chairman.
In conclusion, the apex court held that the Court of Appeal should not have interfered with the Federal High Court judgment and ordered that the suit be struck out entirely for lack of locus standi.
