Supreme Court dismisses appeal against SDP’s governorship primary in Ekiti

The Supreme Court on Friday dismissed an appeal by a member of the Social Democratic Party (SDP), Fayemi Tosin Babatunde, challenging the outcome of the last primary held by the party to select its candidate for the next governorship election in Ekiti State.

A five-member panel of justices of the apex court, presided over by Justice Mohammed Garba, in a judgment upheld the March 27 judgment of the Court of Appeal in Abuja, where the court found that it lacked the jurisdiction to entertain Babatunde’s case since he had not been an aspirant of the SDP for the primary.

In the lead judgment of the Supreme Court, in the appeal marked: SC/CV/299/2026, written by Justice Garba, but delivered on by Justice Jamilu Tukur, the court held that it equally lacked the jurisdiction to hear Babatunde’s appeal because he was not qualified to be referred to as an aspirant of the SDP as contemplated in the Electoral Act.

Justice Garba held that, having not been an aspirant in the primary, Babatunde lacked the locus standi (the legal authority) to approach the court to challenge the outcome and legitimacy of the said primary.

He held that the appellant was unable to satisfy the court that he qualified as an aspirant who participated in the nomination process of the party, which included being screened and cleared by the appropriate organ or committee of the party to determine his qualification.

Justice Garba was of the view that the mere purchase of the expression of interest and nomination forms, as claimed by the appellant, could not make him an aspirant with the capacity to ignite the jurisdiction of the court in a pre-election case like the one he filed.

Justice Garba said, “Having failed to show that he was screened and cleared by the party’s appropriate organ to participate in the primary election, the appellant cannot be heard to claim to be an aspirant.

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“The appellant failed to establish that he attained the status of an aspirant within the contemplation of the electoral law. The mere purchase of nomination form, without undergoing the other mandatory processes does not qualify one as an aspirant in the face of the law”, he said.

The court held that, having found that it lacked jurisdiction on the grounds that the appellant was not an aspirant, the Federal High Court ought not to have wasted precious judicial time in considering other issues raised in the case.

Justice Garba proceeded to dismiss the appeal for lack of jurisdiction, upheld that, the March 27 judgment of the Court of Appeal only, as it relates to the fact that it lacked jurisdiction and set aside all other consequential orders made, including the judgment of the Federal High Court.

He proceeded to strike out the originating summons, with which Babatunde originated the case at the Federal High Court, on the grounds that the court lacked jurisdiction.

The judgment, as agreed by parties during the hearing of the appeals, will apply to other five related appeals on the dispute. They are: SC/CV/228/2026 files by Comrade Ayotunde Solomon; SC/CV/239/2026 by the SDP; SC/CV/240/2026 by the SDP; SC/CV/242/2026 by Ambassador Isaac Adebayo Alade and SC/CV/244/2026 by Ambassador Isaac Adebayo Alade.

The March 27 judgment of the Court of Appeal on the appeal filed by Babatunde against the January 19 judgement by Justice Emeka Nwite of the Federal High Court, Abuja in the suit in which he had, among others prayed that it be declared that the SDP has no valid candidate for the governorship election in Ekiti.

In the lead judgment, Justice Eberechi Nyesom-Wike held, among others, that the Federal High Court lacked the jurisdiction to hear the suit in the first place, having found that the appellant was not an aspirant and lacked the legal capacity to challenge the outcome of the SDP’s governorship primary for Ekiti State.

Justice Nyesom-Wike said: “The court below merely held that the appellant was not an aspirant. The court did not do the next thing expected of it, which is to decline jurisdiction and strike out the suit.

“Apart from considering whether or not the appellant is an aspirant who can challenge the outcome of a primary election, the court below did not consider whether or not the questions in the originating summons and reliefs sought were justiciable.”

The judge held that the questions in the originating summons and the reliefs sought were directed at questioning the legitimacy of the leadership of the party, which constitutes an issue on which the court cannot exercise jurisdiction.

She struck out the originating summons that Babatunde filed before the Federal High Court on November 21, 2025, and set aside the decisions the court made on the grounds that a court without jurisdiction lacks the vires to make further pronouncements.

Justice Nyesom-Wike also said: “The appeal, therefore, succeeds in part. In respect of the issue of the leadership tussle and the venue of the primaries, I find and hold that the decision of the Federal High Court, Abuja division, delivered on January 19, 2026 (Coram: Hon. Justice Emeka Nwite) is affirmed only to the extent that the appellant is not an aspirant to the primary election.

“The decision on Dr. Sadiq Abubakar Gombe being the authentic leader of the second respondent (SDP), having been made without jurisdiction and being perverse, is set aside.

“The decision that the second respondent’s primary election of November 8, 2025, is valid and in compliance with the Electoral Act, 2022, is also set aside.

“I will make no order declaring that the second respondent has no valid candidate for the governorship election of Ekiti State, as all parties to be affected by this order are not before this Court and INEC indeed, monitored a primary election at the approved venue in the notice before us, even as the winner is not a party in this appeal.”

Babatunde had queried the legitimacy of the party’s National Working Committee (NWC), led by Dr. Sadiq Umar Abubakar Gombe and Dr. Olu Agunloye, alleging that it was “illegally constituted”.

He accused the NWC of failing to follow the party’s constitution and the Electoral Act in conducting the governorship primary and prayed the court to, among others, void the outcome of the party’s governorship primary in Ekiti State and declare that the SDP has no valid candidates for the election.