Supreme Court Restores Gombe Leadership in SDP, Nullifies Appeal Court Ruling
The protracted leadership crisis within the Social Democratic Party (SDP) reached a decisive climax on Friday, May 22, 2026, as the Supreme Court, in a unanimous judgment, nullified the decision of the Court of Appeal that had formed the basis for the Independent National Electoral Commission (INEC) to recognise Shehu Gabam as National Chairman.
Delivering judgment in suit SC/CV/229/2026, the apex court set aside the ruling of the Court of Appeal, Abuja Division, thereby dismantling the legal foundation upon which INEC had accorded legitimacy to the Gabam‑led National Working Committee. The decision effectively reinstates the Abubakar Gombe faction as the lawful leadership of the party.
The controversy stemmed from appeal CA/ABJ/CV/126/2026, filed by Fayemi Babatunde, an SDP member, who challenged the validity of the Ekiti State governorship primary election conducted under the Gombe‑appointed National Working Committee (NWC). Babatunde contended that the NWC was unlawfully constituted in breach of the SDP Constitution and the Electoral Act, and therefore lacked authority to appoint an electoral committee or conduct primaries. He further sought to restrain INEC from recognising candidates produced through the disputed process.
On January 19, 2026, Justice Emeka Nwite of the Federal High Court, Abuja, dismissed Babatunde’s suit, affirming the legality of the Gombe‑led leadership and its processes. However, the Court of Appeal, in a judgment delivered on March 27, 2026, partly overturned the lower court’s decision.
The appellate panel, led by Justice Eberechi Nyesom‑Wike with Justices Abba Mohammed and Oyejoju Oyewumi concurring, held that the Federal High Court lacked jurisdiction to pronounce definitively on the SDP leadership tussle. While noting that Babatunde was not an aspirant in the disputed primary, the court nonetheless nullified portions of the High Court’s judgment that recognised Dr Abubakar Gombe as chairman and voided the validation of the November 8, 2025 Ekiti governorship primary.
Despite this, the Appeal Court relied on INEC’s monitoring report (Exhibit INEC 3), which confirmed that the primary was conducted with valid delegates and produced BaMrle Oludele as winner. Following the appellate ruling, INEC updated its records in April, listing Shehu Gabam as National Chairman, Olu Agunloye as National Secretary, and other members of the National Working Committee, with several positions marked “By Court Order.”
The Supreme Court’s judgment has now set aside the appellate decision in its entirety, erasing the legal basis for INEC’s recognition of the Gabam‑led leadership. By this ruling, the apex court has restored the Abubakar Gombe faction as the legitimate leadership of the SDP, thereby re‑aligning the party’s structure with its constitutional framework.
This decision underscores the principle that internal party leadership disputes must be resolved in strict compliance with party constitutions and the Electoral Act, and clarifies the limits of judicial intervention in intra‑party affairs.
