By Bimbo Aderenle
The Supreme Court has overturned the judgment of the Court of Appeal that nullified the governorship primary election of the Social Democratic Party (SDP) in Ekiti State and made declarations on the party’s internal leadership dispute.
In a unanimous decision delivered in the appeal marked SC/CV/229/2026, Fayemi Tosin Babatunde vs INEC & 4 Ors, the apex court ruled that the plaintiffs lacked the legal standing to file the suit since they were not aspirants in the disputed primary election.
The court held that the absence of locus standi deprived both the trial and appellate courts of the jurisdiction to entertain the matter.
The Supreme Court consequently upheld the January 19, 2026 judgment of the Federal High Court delivered by Justice Nwite, which dismissed the case for lack of jurisdiction.
It also faulted the March 27, 2027 judgment of the Court of Appeal delivered by Justice Nyesom-Wike JCA, describing the decision as erroneous for hearing an appeal initiated by parties without the legal capacity to sue.
According to the apex court, the appellate court was wrong to invalidate the SDP governorship primary election in Ekiti State that produced Ambassador Isaac Adebayo Alade as the party’s candidate for the June 2026 governorship poll.
The Supreme Court therefore set aside the Appeal Court judgment nullifying the primary election.
The court further ruled that the appellate court exceeded its jurisdiction by making pronouncements on the venue and conduct of the SDP governorship primary.
It equally nullified the Appeal Court’s reliance on an Independent National Electoral Commission (INEC) report concerning an alleged parallel governorship primary said to involve Engineer David Oludele Bankole.
In another key aspect of the ruling, the Supreme Court held that the Court of Appeal lacked the authority to make findings on the SDP leadership crisis, including matters relating to Prof. Sadiq Abubakar Gombe, and accordingly vacated all such pronouncements.
The apex court, which heard six related appeals on May 12, 2026, directed that the remaining five appeals should abide by the judgment in the lead case.
“In the final analysis, the Court of Appeal ought not to have disturbed the judgment of the trial court,” the Supreme Court held, while striking out the suit from inception for lack of locus standi and setting aside all aspects of the appellate court ruling that overturned the Federal High Court judgment.
