Appeal Court Overturns Ruling on SDP Chairmanship, Invalidates Ekiti Primary
The Court of Appeal, Abuja Division, has delivered a significant blow to the Social Democratic Party (SDP) by setting aside a Federal High Court judgment that affirmed Dr. Sadiq Umar Abubakar Gombe as the authentic National Chairman of the party. This unanimous decision, handed down by a three-member panel of justices on March 27, 2026, stems from an appeal filed by an aggrieved party member, Fayemi Tosin Babatunde, challenging the validity of the Ekiti State governorship primary election.
Legal Battle Over SDP Leadership and Primary Validity
According to the Certified True Copy of the judgment made available to newsmen in Abuja, the appellant contested the Ekiti primary, arguing that the leadership responsible for organizing it was not authentic and lacked legal authority to appoint an Electoral Committee. The grievances focused on the National Working Committee led by Dr. Sadiq Gombe and Dr. Olu Agunleye, alleging that this leadership was illegally constituted and failed to follow the party's constitution and the Electoral Act in conducting primaries. The appellant sought court orders to prohibit the Independent National Electoral Commission (INEC) from recognizing any candidates produced by this disputed leadership.
Initially, the party leadership secured a victory at the Federal High Court in Abuja on January 19, 2026, where Justice Emeka Nwite dismissed the appellant's case, ruling that Dr. Sadiq Gombe was indeed the authentic National Chairman and that his appointment complied with SDP's internal rules. However, dissatisfied with this judgment, the challenger appealed to the Court of Appeal.
Appeal Court's Ruling and Implications
The appellate court panel, comprising Justices Abba Bello Mohammed, Eberechi Suzzette Nyesom-Wike, and Oyejoju Oyebiola Oyewumi, set aside all orders related to the SDP leadership tussle made by the trial court, citing lack of jurisdiction. In a unanimous judgment delivered by Justice Eberechi Suzzette Nyesom-Wike, the court held that the appeal succeeded in part. It affirmed the Federal High Court's decision only to the extent that the appellant was not an aspirant to the primary election.
However, the Appeal Court ruled that the decision on Dr. Sadiq Abubakar Gombe being the authentic leader of the SDP was set aside for being made without jurisdiction and perverse. Additionally, the court set aside the ruling that the SDP's primary election of November 8, 2025, was valid and in compliance with the Electoral Act, 2022. Consequently, the court declared that the SDP has no valid candidate for the gubernatorial election in Ekiti State, as all parties affected by the order were not before the court.
Despite this, the court noted that INEC monitored a primary election at the approved venue, with evidence from INEC's monitoring report confirming it was conducted with legitimate delegates and a clear winner, Engr. Bankole David Oludele. However, since the winner was not a party in the appeal, no further orders were made. The appellate court did not award any costs in the case.
