The Social Democratic Party (SDP) has asked the Court of Appeal, Abuja Division, to suspend the execution of a Federal High Court judgment that recognised Salawu-Adeniyi Mustapha Olaitan as the party’s governorship candidate for the 2026 Osun State governorship election, pending the outcome of its appeal.
In a Motion on Notice filed before the appellate court, the party also requested an order restraining the Independent National Electoral Commission (INEC) from implementing the Federal High Court’s decision until the appeal is determined.
Court documents show that the appeal, marked CA/ABJ/CV/1011/2026, challenges the judgment delivered on June 24, 2026, by Justice Mohammed Garuba Umar of the Federal High Court in Abuja in Suit No. FHC/ABJ/CS/402/2026.
The SDP is the appellant in the matter, while respondents include Salawu-Adeniyi Mustapha Olaitan, INEC, the party’s expelled National Chairman, Alhaji Shehu Musa Gabam, and its expelled National Youth Leader, Uchechukwu Chukwuma. Both Gabam and Chukwuma are currently facing criminal prosecution before a Wuse Magistrate Court.
The application was filed pursuant to Section 17 of the Court of Appeal Act, Order 4 Rule 6(2) of the Court of Appeal Rules, 2021, as well as the court’s inherent jurisdiction.
Among the reliefs sought is an order staying the execution of the Federal High Court judgment pending the hearing and determination of the appeal. The party is also asking the appellate court to bar INEC, its officers, agents, or representatives from taking any action to enforce or implement the judgment until the appeal is resolved.
The dispute revolves around the Federal High Court’s decision recognising Olaitan as the SDP’s governorship candidate for the 2026 Osun election.
In its application, the SDP argued that its appeal raises significant legal issues that deserve consideration by the Court of Appeal. It maintained that allowing the judgment to be implemented before the appeal is heard could fundamentally alter the subject matter of the case.
According to the party, any action taken by INEC to enforce the judgment could render the appeal ineffective if it ultimately succeeds.
The SDP further submitted that preserving the current situation would better serve the interest of justice and prevent the appeal from becoming a mere academic exercise after irreversible actions have been taken.
The application is the latest development in the ongoing legal dispute surrounding the SDP’s leadership crisis and the nomination of its candidate for the 2026 Osun governorship election.
As of the time of filing this report, the Court of Appeal had not fixed a date to hear the application or ruled on the party’s requests.
BACKSTORY:
The Social Democratic Party (SDP) has been embroiled in a prolonged leadership crisis marked by internal disagreements over the party’s national leadership and the nomination of its candidate for the 2026 Osun State governorship election.
The dispute escalated after rival factions challenged the legitimacy of key decisions made within the party, including the emergence of Salawu-Adeniyi Mustapha Olaitan as the SDP’s governorship candidate. The crisis eventually landed in court, with the Federal High Court in Abuja delivering a judgment on June 24, 2026, recognising Olaitan as the party’s candidate.
However, the SDP rejected the ruling and filed an appeal, arguing that the judgment should not be implemented while the appellate court reviews the case. The party maintains that enforcing the decision before the appeal is heard could undermine the appeal and create irreversible consequences.
The legal battle has also drawn in the party’s expelled National Chairman, Alhaji Shehu Musa Gabam, and expelled National Youth Leader, Uchechukwu Chukwuma, both of whom are currently facing criminal prosecution at the Wuse Magistrate Court.
The outcome of the appeal is expected to play a significant role in determining the SDP’s leadership structure and its preparations for the 2026 Osun governorship election.
