Supreme Court of Nigeria has overturned the judgment of the Court of Appeal which had earlier nullified the governorship primary election of the Social Democratic Party in Ekiti State ahead of the June 2026 governorship election.
In a unanimous ruling delivered on Friday by Justice Mohammed Lawal Garba in appeal SC/CV/229/2026, the Supreme Court set aside the appellate court’s decision and restored the earlier judgment of the Federal High Court delivered by Justice Emeka Nwite.
The Federal High Court had initially dismissed a case filed by Fayemi Babatunde, who challenged the legality of the SDP governorship primary election conducted under the leadership of Dr Sadiq Abubakar Gombe. The primary produced Isaac Adebayo Alade as the party’s candidate.
The trial court had ruled that Babatunde lacked legal standing (locus standi) to bring the case because he was not an aspirant in the primary election he was challenging. It also held that the matter was an internal party issue beyond the court’s jurisdiction.
Although the Court of Appeal later reversed that decision on March 27, 2026, and invalidated the SDP primary election while questioning the party leadership structure, the Supreme Court disagreed with that position.
The apex court held that the Court of Appeal was wrong to entertain the matter in the first place, stressing that Babatunde had no legal right to institute the case. It ruled that without locus standi, the courts lacked jurisdiction to consider the claims.
The Supreme Court further stated that the Court of Appeal erred in nullifying the SDP primary election, making pronouncements on the party’s leadership, and relying on disputed electoral materials.
According to the court, all findings and orders made by the Court of Appeal regarding the SDP leadership, the primary election process, and related issues were made without proper jurisdiction and are therefore void.
The Supreme Court also criticized the appellate court for disturbing the valid judgment of the Federal High Court, which had already struck out the case at the preliminary stage.
In conclusion, the Supreme Court dismissed the suit from the outset, reaffirming that the plaintiff had no standing to challenge the election and restoring the position of the lower court while nullifying the Court of Appeal’s decision in its entirety.