The leadership crisis within the Social Democratic Party deepened on Friday as the Supreme Court nullified the Court of Appeal judgment that had formed the basis for the recognition of Shehu Gabam as the National Chairman of the party by the Independent National Electoral Commission.
In a unanimous judgment delivered in suit SC/CV/229/2026 on May 22, 2026, the apex court set aside the earlier ruling of the Court of Appeal, Abuja Division, effectively dismantling the legal foundation upon which INEC relied in recognising the Gabam-led leadership of the party.
The decision represents a major twist in the protracted internal struggle over the control of the SDP and disputes surrounding the conduct of party primaries, particularly the Ekiti State governorship primary election.
The controversy originated from appeal CA/ABJ/CV/126/2026 filed by SDP member Fayemi Babatunde, who challenged the legality of the Ekiti governorship primary election conducted by the party leadership.
Babatunde had argued that the National Working Committee led by Dr. Sadiq Gombe was unlawfully constituted in violation of the SDP constitution and provisions of the Electoral Act.
He maintained that the leadership lacked the authority to appoint an electoral committee or conduct valid primaries and consequently asked the court to restrain INEC from recognising candidates that emerged from the disputed process.
Earlier on January 19, 2026, the Federal High Court in Abuja, presided over by Justice Emeka Nwite, dismissed the suit and upheld the legality of the Gombe-led leadership and the party’s processes.
However, the Court of Appeal, in a judgment delivered on March 27, 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 ruled while also holding that Babatunde was not an aspirant in the disputed primary election.
The Appeal Court 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 November 8, 2025 Ekiti governorship primary.
Despite that ruling, 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 decision, INEC updated its official records in April, listing Shehu Gabam as 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, while several positions were marked “By Court Order.”
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.
The latest ruling has thrown the party’s leadership structure into renewed uncertainty ahead of future electoral activities and possible fresh legal battles over the control of the party.
