The Supreme Court has unanimously set aside a Court of Appeal judgment that formed the legal basis for the Independent National Electoral Commission (INEC) to recognize Shehu Gabam as the National Chairman of the Social Democratic Party (SDP).
In a landmark ruling delivered on Friday, May 22, 2026, in suit SC/CV/229/2026, the apex court nullified the appellate decision, effectively upending the current leadership structure of the party.
The long-running legal battle stems from a leadership crisis within the SDP and disputes over the conduct of the Ekiti State governorship primary election. The crisis deepened following conflicting judicial pronouncements regarding which faction held the authority to constitute the party’s electoral committee.
**The Legal Path to the Apex Court**
The matter began at the Federal High Court in Abuja, where Justice Emeka Nwite, on January 19, 2026, dismissed a suit filed by party member Fayemi Babatunde. Babatunde had challenged the legality of the Ekiti primary, arguing that the Dr. Sadiq Gombe-led National Working Committee (NWC) was unlawfully constituted and lacked the authority to conduct valid primaries. Justice Nwite, however, upheld the Gombe-led leadership as valid.
Dissatisfied, Babatunde approached the Court of Appeal. On March 27, 2026, a three-member appellate panel led by Justice Eberechi Nyesom-Wike, alongside Justices Abba Mohammed and Oyejoju Oyewumi, partially overturned the High Court’s decision. The appellate court ruled that the trial court lacked the jurisdiction to make definitive pronouncements on internal party leadership disputes, declaring such findings null and void.
Despite voiding the High Court’s validation of Gombe’s leadership, the Court of Appeal relied on an INEC monitoring report to affirm that the primary election — which produced Mr. Bankole Oludele — was valid. Following this ruling, INEC updated its official portal in April to list Shehu Gabam as National Chairman and Olu Agunloye as National Secretary, marking several positions with a “By Court Order” notation.
**The Supreme Court Verdict**
However, the Supreme Court’s decision on Friday has now dismantled the appellate court’s reasoning. By setting aside the judgment of the Court of Appeal, the apex court has effectively nullified the recognition of the Gabam-led executive.
The ruling is expected to compel INEC to revert its records and may necessitate a reorganization of the party’s National Working Committee.
As of press time, neither the Gabam-led faction nor the Gombe-led NWC has issued an official statement regarding the Supreme Court’s finality on the matter. Political analysts suggest this judgment will have significant implications for the party’s stability ahead of upcoming electoral cycles.
