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The leadership crisis rocking the Social Democratic Party (SDP) took a dramatic turn on Friday as the Supreme Court nullified the Court of Appeal judgment that had been used by the Independent National Electoral Commission (INEC) to recognise Shehu Gabam as the national chairman of the party.
In a unanimous judgment delivered in suit SC/CV/229/2026 on 22 May, the apex court set aside the earlier decision of the Court of Appeal, Abuja Division, effectively dismantling the legal foundation upon which INEC based its recognition of the Gabam-led leadership of the party.
The ruling marks the latest twist in the prolonged internal battle over control of the SDP and the disputes surrounding the conduct of party primaries, especially the Ekiti State governorship primary election.
The controversy originated from appeal CA/ABJ/CV/126/2026, filed by a member of the party, Fayemi Babatunde, who challenged the legality of the Ekiti governorship primary election conducted by the party leadership.
Babatunde argued that the National Working Committee (NWC) led by Dr Sadiq Gombe was unlawfully constituted in violation of the SDP’s constitution and provisions of the Electoral Act, insisting that the leadership lacked the authority to appoint an electoral committee or conduct valid primaries.
He also asked the court to restrain INEC from recognising candidates who emerged from the disputed process.
On 19 January, the Federal High Court in Abuja, presided over by Justice Emeka Nwite, had dismissed the suit and upheld the legality of the Gombe-led leadership, as well as the party’s processes.
However, the Court of Appeal, in a judgment delivered on 27 March 2026, partly overturned the lower court’s decision.
The three-member appellate panel led by Justice Eberechi Nyesom-Wike, with Justices Abba Mohammed and Oyejoju Oyewumi concurring, ruled that the Federal High Court lacked jurisdiction to make definitive pronouncements on the SDP leadership tussle.
“The appeal succeeds in part,” the appellate court had declared, while maintaining that Babatunde was not an aspirant in the disputed primary election.
The Court of Appeal subsequently nullified portions of the Federal High Court judgment that recognised Dr Sadiq Gombe as the authentic SDP chairman and also voided the validation of the 8 November 2025 Ekiti governorship primaries.
Despite that decision, the appellate court relied on INEC’s monitoring report, marked as Exhibit INEC 3, which confirmed that the primary election was conducted with valid delegates and produced Mr Bankole Oludele as the winner.
Following the appellate ruling, INEC updated its official records in April, listing Shehu Gabam as the SDP national chairman and Olu Agunloye as national secretary.
Other members of the National Working Committee displayed by the commission included Hajia Maggie Mariam as national treasurer and Aderemi Abimbola as national legal adviser, with several positions marked “By Court Order”.
But with Friday’s Supreme Court judgment setting aside the appellate decision entirely, the legal basis for INEC’s recognition of the Gabam-led leadership has now been effectively erased.
