By Taiye Agbaje
The Social Democratic Party (SDP) has prayed the Court of Appeal in Abuja to stay the execution of a Federal High Court (FHC) judgment which sought to give effect to an appellate court decision that had already been set aside by the Supreme Court.
In a motion on notice filed before the Appeal Court, the party is seeking an order suspending the execution of the judgment delivered on June 24 by the Federal High Court, Abuja, pending the hearing and determination of its appeal.
The SDP also wants the appellate court to restrain the Independent National Electoral Commission (INEC), its officials, agents or privies, from taking any step to enforce or implement the judgment until the substantive appeal is determined.
Court documents made available indicate that the appeal, marked CA/ABJ/CV/1011/2026, arose from the judgment delivered by Justice Mohammed Umar in suit number: FHC/ABJ/CS/402/2026.
The application 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 under the court’s inherent jurisdiction.
At the centre of the dispute is the SDP’s contention that the FHC, in its June 24 judgment, directed INEC to enforce the March 27 judgment of the Court of Appeal in Fayemi Tosin Babatunde v. INEC, which the party said recognised Gabam as its National Chairman.
The party, however, argued that the Court of Appeal judgment had already been set aside by the Supreme Court on May 22, and therefore ceased to have legal effect.
According to the SDP, the June 24 judgment effectively sought to enforce a decision that had been nullified by the apex court, a development it described as inconsistent with the subsisting judgment of the Supreme Court.
The party maintained that unless the Court of Appeal intervenes by granting a stay of execution, INEC could proceed to implement the FHC judgment, thereby altering the subject matter of the appeal before it is heard.
It further argued that such a situation could render the appeal nugatory and occasion irreparable prejudice if the appellate court eventually rules in its favour.
Among the reliefs sought is an order staying the execution of the FHC judgment pending the determination of the appeal.
The SDP is also asking the appellate court to restrain INEC from recognising or acting on the FHC’s orders while the appeal remains pending.
The dispute also touches on the recognition of Salawu-Adeniyi Mustapha Olaitan as the SDP’s governorship candidate for the Osun State governorship election, as well as the recognition of Gabam and Chukwuma as the party’s National Chairman and Acting National Secretary, respectively.
In the application, the party urged the appellate court to preserve the status quo until the issues raised in the appeal are finally determined.
It argued that the balance of convenience favours maintaining the existing position.
The Court of Appeal is yet to fix a date for hearing of the application.(NAN)
Edited by Sadiya Hamza