ENUGU, Nigeria (VOICE OF NAIJA)- The Social Democratic Party (SDP) has approached the Court of Appeal in Abuja seeking to halt the execution of a Federal High Court judgment recognising Olaitan Salawu-Adeniyi Mustapha as its governorship candidate for the 2026 Osun State governorship election.
The party also urged the appellate court to restrain the Independent National Electoral Commission (INEC) from implementing the June 24, 2026 judgment pending the determination of its appeal.
In a statement issued on Wednesday by its National Publicity Secretary, Araba Rufus Aiyenigba, the SDP said the appeal, marked CA/ABJ/CV/1011/2026, arose from the judgment delivered by Justice M.G. Umar of the Federal High Court in Abuja in Suit No. FHC/ABJ/CS/402/2026.
According to the party, the High Court directed INEC to enforce an earlier Court of Appeal judgment delivered on March 27, 2026, which recognised Shehu Gabam as the party’s National Chairman, despite the Supreme Court having set aside that decision on May 22, 2026.
The SDP argued that INEC had already complied with the Supreme Court’s ruling by reinstating Prof. Sadiq Umar Abubakar Gombe as National Chairman.
READ ALSO Aregbesola Youth Group Returns To APC Ahead Osun Election
The party described the Federal High Court’s decision as a legal nullity, insisting that no lower court has the authority to revive a judgment already nullified by the Supreme Court.
“It is judicial rascality and legal nullity for a High Court to contradict the Supreme Court or purport to revive a judgment which the Supreme Court has voided and set aside,” the party stated.
The SDP is asking the Court of Appeal to stay execution of the High Court judgment and restrain INEC from recognising or acting on the orders until the appeal is determined.
The party further maintained that Salawu-Adeniyi, alongside former National Chairman Shehu Gabam and former National Youth Leader Ogbonna Okechukwu, are no longer members of the party, adding that Gabam and Okechukwu are facing criminal prosecution at the Wuse Magistrate Court.
According to the application, the appeal raises substantial legal issues that require determination by the appellate court and should not be rendered ineffective through the implementation of the disputed judgment.
READ AALSO Osun Election Tribunal Grants Ex-parte Applications Filed By Oyetola
The SDP argued that allowing INEC to act on the ruling before the appeal is heard could irreversibly alter the subject matter of the case and render the appeal nugatory if it eventually succeeds.
It urged the appellate court to preserve the status quo in the interest of justice until the substantive appeal is determined.
The legal battle centres on both the party’s leadership and the nomination of its candidate for the forthcoming Osun governorship election.
Vanguard reports that as of the time of filing the application, the Court of Appeal had yet to fix a date for hearing the motion or rule on the reliefs sought by the SDP.