Court forces INEC to list SDP in 12-state by-elections despite last-minute hurdles – Businessday NG

The Social Democratic Party (SDP) and its candidates have been cleared to participate in Saturday’s by-elections across 12 states following a last-minute ruling of the Federal High Court in Abuja. The Independent National Electoral Commission (INEC), in compliance with the judgment, announced on Friday that the party and its candidates had been officially included in the polls, even though the commission had earlier barred them over irregularities in their primary process.

The ruling, delivered in Suit No. FHC/ABJ/CS/1525/2025, directed INEC to accept the list of SDP candidates for the elections. The court found that despite INEC’s claim that the party failed to submit a valid notice of primaries, its candidates could not be excluded from the by-elections.

INEC confirmed receipt of the judgment and swiftly moved to implement it. In a statement signed by its National Commissioner and Chairman, Information and Voter Education Committee, Sam Olumekun, the commission said the candidates’ names had been accepted and published on its website.

“Although the party did not earlier submit a valid notice for the conduct of primaries for the bye-elections and its primaries were not monitored by the commission, we are bound to obey the ruling of the Federal High Court. The names of candidates submitted manually by the party have now been included in the elections scheduled for Saturday, August 16,” Olumekun said.

The statement further assured Nigerians that the late inclusion would not derail the exercise. “The commission assures the public, especially voters in the affected states, that the elections will hold as planned. The judgment will not affect the readiness of the commission to conduct free, fair, and credible polls tomorrow,” Olumekun added.

At the same time, INEC hinted that it would not let the matter rest without contest. It confirmed plans to exercise its constitutional right of appeal, signaling that while it will comply with the ruling in the interim, the legal tussle is far from over.

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Saturday’s by-elections are spread across 16 constituencies in 13 states. They involve two senatorial seats in Edo and Anambra, five federal constituencies in Edo, Jigawa, Kaduna, Ogun, and Oyo, and nine state constituencies spread across Adamawa, Anambra, Kaduna, Kano, Kogi, Niger, Taraba, and Zamfara. For the SDP, the ruling represents a lifeline. Without it, the party and its candidates would have been locked out of contests that could expand its political footprint in strategic states. The SDP, which has struggled to gain strong national relevance since Nigeria’s return to democracy, now finds itself thrust into the spotlight at a critical electoral moment.

The drama highlights the delicate balance between legal pronouncements and electoral management. INEC had insisted that the SDP failed to follow due process, pointing out that the party neither filed a valid notice of primaries nor conducted them under its supervision as required by law. By implication, the party’s candidates should not have been eligible for inclusion.

But the court thought otherwise, ruling in favor of the candidates’ right to contest. This legal intervention has forced INEC to accept candidates it initially considered invalid. Analysts note that the situation underscores a recurring theme in Nigeria’s electoral process: how courtroom decisions often shape political contests as much as campaigns and voter mobilization do.

For voters in the affected constituencies, the ruling has introduced a layer of uncertainty on the eve of the polls. While INEC has reassured the public that the elections will hold as planned, concerns remain about the logistics of including last-minute candidates. Questions linger about whether ballot materials, particularly sensitive documents, could be reprinted to accommodate the new names.

However, INEC maintains that it has taken steps to integrate the SDP candidates without disruption. Its statement emphasised that the polls would proceed without adjustment to the electoral timetable. “The elections will go on tomorrow as scheduled,” the commission insisted.

The judgment also has broader political implications. For the SDP, this could be the turning point for a party often seen as marginal in national politics. A good outing in the by-elections could position it as a credible alternative voice in the political space dominated by the ruling All Progressives Congress (APC) and the main opposition Peoples Democratic Party (PDP).

For INEC, the case reinforces the challenges of enforcing electoral rules in an environment where political parties routinely test the limits of the law. While the commission seeks to maintain order and consistency, it often finds its decisions overturned by the judiciary, sometimes on the eve of critical elections. Observers say the dispute once again exposes the need for greater clarity in Nigeria’s electoral laws. “If INEC insists on strict compliance with rules, and the courts relax those rules in the name of inclusivity, then the system becomes unpredictable,” one Abuja-based political analyst remarked.

As Nigerians in 13 states head to the polls this Saturday, the last-minute inclusion of SDP candidates ensures that the elections will be more competitive than initially expected. The stage is now set for a tense contest, with three major parties—the APC, PDP, and SDP—all jostling for control of key constituencies.

For INEC, the priority remains to deliver credible elections despite the distractions of litigation. For the SDP, the judgment is a chance to test its strength at the grassroots. And for voters, it is yet another reminder of how quickly Nigeria’s electoral landscape can shift—sometimes overnight.

In the end, the by-elections will not just fill vacant seats; they will serve as a test of the resilience of Nigeria’s democracy, the credibility of its electoral umpire, and the growing role of the courts in shaping political outcomes.