Abuja: The Social Democratic Party (SDP) has petitioned the Court of Appeal in Abuja to suspend the execution of a Federal High Court (FHC) judgment that seeks to implement a decision previously nullified by the Supreme Court.
According to News Agency of Nigeria, the SDP filed a motion on notice requesting the appellate court to stay the execution of the judgment delivered on June 24 by the Federal High Court, Abuja. This request aims to suspend any action until the appeal is heard and decided. The party is also seeking an order to prevent the Independent National Electoral Commission (INEC), along with its officials and agents, from enforcing the judgment until the appeal is concluded.
Court documents reveal that the appeal, identified as CA/ABJ/CV/1011/2026, challenges the judgment issued by Justice Mohammed Umar in case number FHC/ABJ/CS/402/2026. The application was filed under Section 17 of the Court of Appeal Act, Order 4 Rule 6(2) of the Court of Appeal Rules, 2021, and the court’s inherent jurisdiction.
Central to the dispute is the June 24 FHC judgment, which ordered INEC to implement a March 27 decision from the Court of Appeal in Fayemi Tosin Babatunde v. INEC. This decision recognized Gabam as the SDP’s National Chairman. However, the SDP argues that this appellate court decision was set aside by the Supreme Court on May 22, rendering it ineffective.
The SDP asserts that the June 24 judgment attempts to enforce a decision that the Supreme Court has already nullified, thereby conflicting with the higher court’s standing ruling. The party contends that without a stay of execution from the Court of Appeal, INEC might implement the FHC judgment, potentially altering the subject of the appeal before a hearing.
The party further warns that proceeding without the appellate court’s intervention could nullify the appeal and cause irreparable harm if the court ultimately rules in its favor. Consequently, the party seeks to have the FHC judgment stayed pending the appeal’s resolution.
Additionally, the SDP requests the appellate court to prevent INEC from acting on the FHC’s orders while the appeal is pending. The case also involves the recognition of Salawu-Adeniyi Mustapha Olaitan as the SDP’s governorship candidate for the Osun State election, as well as the recognition of Gabam and Chukwuma as the party’s National Chairman and Acting National Secretary, respectively.
The party urges the court to maintain the current status quo until the appeal’s issues are resolved, arguing that this approach is more convenient.
A hearing date for the application has not yet been scheduled by the Court of Appeal.