The Court of Appeal sitting in Abuja has nullified a Federal High Court judgment which recognised Shehu Gabam as the National Chairman of the Social Democratic Party, SDP, and affirmed Dr. Francis Ajala as the party’s candidate for the August 15, 2026 Osun State governorship election.
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A three-member panel of the appellate court comprising Justices Fadawu Umaru, M.S. Hassan and L.A. Ganiyu unanimously set aside the judgment on Wednesday.
Delivering the lead judgment, Justice Umaru declared null and void the decision of Justice M.G. Umar of the Federal High Court in Suit No. FHC/ABJ/CS/402/2026, which had recognised Gabam as National Chairman of the SDP.
The appeal was brought by the SDP leadership led by Prof. Abubakar Sadiq Gombe, which challenged the Federal High Court decision on the ground that it was inconsistent with an earlier judgment of the Supreme Court on the party’s leadership dispute.
The appellate court held that the foundation upon which the Federal High Court judgment was based was faulty, noting that the Supreme Court had previously pronounced on the dispute.
The controversy arose from a prolonged battle for control of the SDP following the expulsion of Gabam and disagreements over the party’s leadership structure and the nomination of candidates ahead of electoral contests.
The leadership crisis subsequently affected the recognition of party officials and candidates by the Independent National Electoral Commission, INEC.
The Federal High Court judgment had revived the recognition of Gabam notwithstanding a Supreme Court decision delivered on May 22, 2026, which had set aside an earlier Court of Appeal judgment upon which his recognition had been based.
The Gombe-led SDP consequently approached the Court of Appeal to challenge the Federal High Court decision, insisting that a lower court could not make orders inconsistent with a subsisting judgment of the Supreme Court.
Following Wednesday’s judgment, SDP presidential candidate and counsel to the appellants, Prince Adewole Adebayo, said the Court of Appeal ruled in favour of the appellants in all six applications placed before it.
According to Adebayo, the appellate court held that the Federal High Court judgment recognising Gabam could not stand because it contradicted the Supreme Court judgment delivered on May 22, 2026.
He also said the Court of Appeal affirmed the nomination of Dr. Francis Ajala as the SDP governorship candidate for the Osun State election.
Adebayo maintained that the Federal High Court ought not to have entertained the challenge to Ajala’s nomination.
He described the appellate judgment as bringing clarity to the prolonged controversy over the leadership of the party and its choice of candidates.
“The judiciary has done very well for Nigeria and has guided INEC very well,” Adebayo said.
He expressed confidence that the decision would bring the lingering leadership dispute within the SDP to an end and allow the party to concentrate on its electoral activities.
Reacting to the judgment, SDP National Chairman, Prof. Abubakar Sadiq Gombe, also commended the judiciary for what he described as the speedy resolution of the dispute.
Gombe urged INEC to respect decisions taken by political parties concerning their internal affairs, particularly matters relating to leadership and the selection of candidates, subject to the applicable constitutional and statutory framework.
He also commended Adebayo and members of the party’s legal team for their handling of the litigation.
Gombe thanked the media for its coverage of the controversy and urged journalists to continue promoting public enlightenment as Nigeria moves towards the 2027 general elections.
The latest judgment comes barely days before the August 15 Osun governorship election and further strengthens Ajala’s claim to the SDP ticket after INEC included him and his running mate, Faseke Oladipo, on the ballot in compliance with an earlier Federal High Court order.
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