Osun Election: SDP appeals judgment recognising governorship candidate

…Seeks stay of High Court judgement purporting to overrule Supreme Court judgement on leadership

By Henry Umoru

ABUJA- THE National Leadership of the Social Democratic Party, SDP urged the Court of Appeal in Abuja to stay the execution of a Federal High Court judgment recognising Olaitan Salawu-Adeniyi as its governorship candidate for the 2026 Osun State governorship election, pending the determination of its appeal.

The SDP has also asked the appellate court to restrain the Independent National Electoral Commission from implementing the June 24, 2026 judgment delivered by Justice M.G. Umar of the Federal High Court, Abuja, until the appeal is determined.

In a statement on Wednesday by its National Publicity Secretary, Araba Rufus Aiyenigba, SDP noted that court documents showed that the appeal, marked CA/ABJ/CV/1011/2026, arose from the judgment in Suit No. FHC/ABJ/CS/402/2026.

According to the party, the Federal High Court judgment directed INEC to enforce an earlier Court of Appeal judgment delivered on March 27, 2026, recognising Shehu Gabam as the party’s national chairman, despite the party’s position that the Supreme Court had set aside that decision on May 22, 2026.

“The Federal High Court judgment ordered INEC to enforce a Court of Appeal judgment which, according to the party, had already been set aside by the Supreme Court. The party believes the High Court’s decision is inconsistent with the Supreme Court’s ruling.”

The statement read,”the Federal High Court Abuja judgement delivered on 24th June 2026 ordered INEC to enforce a Court of Appeal judgement in FAYEMI TOSIN BABATUNDE VS INEC delivered on 27th March 2026 to install Shehu Gabam as National Chairman but the Supreme Court has set aside the judgement on 22nd May 2026 whereupon INEC complied and reinstated Prof Sadiq Umar Abubakar Gombe as National Chairman.

” It is judicial rascality and legal nullity for a High Court to contradict the Supreme Court or purport to revive a judgement which the Supreme Court has voided and set aside.

“SDP seeks an order of the Court of Appeal to stay execution of the void order of the Federal High Court delivered by Justice MG Umar while the Appellate Court hears the appeal by the Social Democratic Party. It also seeks an order restraining the Independent National Electoral Commission from giving effect to the illegal and null order of the Federal High Court.

“The suit arose over Osun State Governorship primary between the plaintiff Salawu Olaitan and expelled former National Chairman Shehu Gabam and one Ogbonna Okechukwu former National Youth Leader all of whom the SDP denies as non members of the party.

“The Social Democratic Party (SDP) has approached the Court of Appeal, Abuja Judicial Division, seeking an order staying the execution of a Federal High Court judgment that recognised Salawu-Adeniyi Mustapha Olaitan as the party’s governorship candidate for the 2026 Osun governorship election, pending the determination of its appeal.

“The application, contained in a Motion on Notice filed before the appellate court, also seeks to restrain the Independent National Electoral Commission (INEC) from taking any steps to implement the judgment until the appeal is heard and determined.

“Court documents showed that the appeal, marked CA/ABJ/CV/1011/2026, arose from the judgment delivered on June 24, 2026, by Justice M.G. Umar of the Federal High Court, Abuja, in Suit No. FHC/ABJ/CS/402/2026.

“The SDP is the appellant/applicant in the matter, while Salawu-Adeniyi Mustapha Olaitan, INEC, the party’s expelled National Chairman, Alhaji Shehu Musa Gabam, and expelled National Youth Leader Uchechukwu Chukwuma, who are both facing criminal prosecution at the Wuse Magistrate court are also listed as respondents.

“The motion 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 the inherent jurisdiction of the court.

“Among the principal reliefs sought is an order for stay of the execution of the Federal High Court judgment pending the hearing and determination of the appeal.

“The party is also asking the appellate court to restrain INEC, either by itself, its officers, agents or privies, from enforcing or giving effect to the judgment pending the determination of the appeal.

“The dispute centres on the Federal High Court’s orders relating to the recognition of Olaitan Salawu as the SDP’s governorship candidate for the Osun governorship election.

“In its application, the SDP argued that the appeal raises substantial and arguable issues requiring the consideration of the Court of Appeal.

“The party contended that unless the execution of the judgment is suspended, the subject matter of the appeal could be altered before the appellate court has an opportunity to make pronouncement on the issues in dispute.

“It maintained that implementation of the judgment, particularly by INEC, could render the appeal nugatory if it eventually succeeds.

“According to the application, the interest of justice would be better served by preserving the existing state of affairs pending the determination of the substantive appeal.

“The party further urged the Court of Appeal to exercise its discretionary powers to prevent a situation where the appeal would become merely academic after irreversible steps had been taken in compliance with the Federal High Court’s decision.

“The application forms part of the continuing legal battle over the SDP’s leadership and the nomination of its candidate for the Osun governorship election.

“The Court of Appeal has yet to fix a date for the hearing of the motion or rule on the reliefs sought by the SDP.”

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