The Social Democratic Party (SDP) has approached the Court of Appeal, Abuja Judicial Division, seeking an order 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.
The party filed a Motion on Notice asking the appellate court to stay the judgment pending the hearing and determination of its appeal. It also wants the court to restrain the Independent National Electoral Commission (INEC) from taking any steps to implement the judgment until the appeal is decided.
Court documents show that the appeal is marked CA/ABJ/CV/1011/2026. It arose from a 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 and applicant in the matter, while Salawu-Adeniyi Mustapha Olaitan and INEC are listed as respondents. The party’s expelled National Chairman, Alhaji Shehu Musa Gabam, and expelled National Youth Leader, Uchechukwu Chukwuma, are also respondents in the case.
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, and the inherent jurisdiction of the court.
One of the main reliefs sought by the SDP is an order staying the execution of the Federal High Court judgment until the Court of Appeal hears and determines the appeal.
The party is also asking the appellate court to restrain INEC, its officers, agents and privies from enforcing or giving effect to the judgment during the pendency of the appeal.
The dispute centres on the Federal High Court’s decision recognising Olaitan Salawu as the SDP’s governorship candidate for the Osun governorship election.
In its application, the SDP argued that the appeal raises substantial and arguable issues that require the consideration of the Court of Appeal.
The party contended that implementing the Federal High Court judgment before the appeal is determined could alter the subject matter of the case. It warned that any action taken by INEC could make the appeal nugatory if the SDP eventually succeeds.
The party therefore urged the court to preserve the existing situation until it determines the substantive appeal. It argued that the interest of justice would be better served by preventing irreversible steps based on the Federal High Court’s decision.
The SDP also asked the Court of Appeal to exercise its discretionary powers to prevent the appeal from becoming merely academic after actions have been taken to implement the judgment.
The application forms part of the ongoing legal dispute over the SDP’s leadership and the nomination of its candidate for the 2026 Osun governorship election.
The Court of Appeal has yet to fix a date for the hearing of the motion. It has also not ruled on the reliefs sought by the SDP.
