The Social Democratic Party, SDP has approached the Court of Appeal, Abuja Judicial Division, seeking an order staying the execution of a Federal High Court judgment that recognised Salawu-Adeniyi Mustapha Olaitan as the party’s governorship candidate for the 2026 Osun governorship election, pending the determination of its appeal.
The application, contained in a Motion on Notice filed before the appellate court, also seeks to restrain the Independent National Electoral Commission, INEC, from taking any steps to implement the judgment until the appeal is heard and determined.
Court documents showed that the appeal, marked CA/ABJ/CV/1011/2026, arose from the judgment delivered on June 24, 2026, by Justice Mohammed Garuba Umar of the Federal High Court, Abuja, in Suit No. FHC/ABJ/CS/402/2026.
The SDP is the appellant/applicant in the matter, while Salawu-Adeniyi Mustapha Olaitan, INEC, the party’s expelled National Chairman, Alhaji Shehu Musa Gabam, and expelled National Youth Leader Uchechukwu Chukwuma, who are both facing criminal prosecution at the Wuse Magistrate court are also listed as respondents.
The motion was brought 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.
Among the principal reliefs sought is an order for stay of 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 restrain INEC, either by itself, its officers, agents or privies, from enforcing or giving effect to the judgment pending the determination of the appeal.
The dispute centres on the Federal High Court’s orders relating to the recognition of 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 requiring the consideration of the Court of Appeal.
The party contended that unless the execution of the judgment is suspended, the subject matter of the appeal could be altered before the appellate court has an opportunity to make pronouncement on the issues in dispute.
It maintained that implementation of the judgment, particularly by INEC, could render the appeal nugatory if it eventually succeeds.
According to the application, the interest of justice would be better served by preserving the existing state of affairs pending the determination of the substantive appeal.
The party further urged the Court of Appeal to exercise its discretionary powers to prevent a situation where the appeal would become merely academic after irreversible steps had been taken in compliance with the Federal High Court’s decision.
The application forms part of the continuing legal battle over the SDP’s leadership and the nomination of its candidate for the Osun governorship election.
The Court of Appeal has yet to fix a date for the hearing of the motion or rule on the reliefs sought by the SDP.
