Key points
- Federal High Court in Lokoja set aside its earlier judgment directing INEC to register the Nigeria Democratic Congress (NDC).
- Court ruled that all interested parties must be heard before a substantive decision can be made.
- Peace Movement Party (PMP) was recognised as a necessary party to the case.
- The dispute will now return to court for a fresh hearing involving INEC, PMP and NDC.
Main story
A Federal High Court in Lokoja has nullified its earlier judgment that directed the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party, reopening the legal battle over the party’s status.
Delivering judgment on Friday, Justice Isah Dashen held that the earlier decision was flawed because it was made without hearing all parties whose interests could be affected by the outcome of the case.
The court upheld an application filed by the Peace Movement Party (PMP), which argued that it should have been joined in the proceedings because issues arising from the case directly affected its rights and interests.
Justice Dashen ruled that the omission of a necessary party rendered the earlier proceedings constitutionally defective and invalid. He added that the court could not properly determine the matter without giving all interested parties an opportunity to be heard.
The judge also found that material facts had not been disclosed during the earlier proceedings, a factor he said further justified setting aside the December 2025 judgment.
As a result, the court ordered that the status quo existing before the December 10, 2025 judgment be restored pending the determination of the substantive suit.
The ruling means that the legal foundation upon which INEC registered the NDC has been temporarily removed, effectively returning the dispute to the stage it occupied before the court’s earlier intervention.
Justice Dashen subsequently directed that the substantive case begin afresh, with INEC, the PMP and the NDC joined as parties to ensure that all issues in dispute are fully and fairly determined.
The issues
At the centre of the dispute is the PMP’s claim that the NDC’s registration process involved a logo that had previously been submitted to INEC by the PMP before the commencement of the original suit.
The PMP argued that its interests were affected by the proceedings but that it was not given an opportunity to participate before the court issued its earlier judgment.
The court agreed that the absence of a necessary party raised questions about the validity of the previous proceedings and the orders that followed.
The ruling also highlights the legal principle that courts must hear all parties whose rights may be affected before making decisions that could alter their legal position.
What’s being said
“The court has ordered all parties to return to the position they occupied before the judgment of December 10, 2025, and directed the claimants to join all necessary parties to ensure the issues in dispute are effectually and completely determined.” — Chikezie Ekeocha, Counsel to PMP
“The recognition of the NDC, the issuance of its certificate of registration, its inclusion in INEC’s records, and any appearance on ballot papers arising from that judgment must be withdrawn pending the final determination of the substantive suit.” — Chikezie Ekeocha, Counsel to PMP
“The matter has not been concluded. The court merely set aside its previous judgment and directed that the party whose interests were affected be joined so that all sides can be heard before a fresh decision is reached.” — Chikezie Ekeocha, Counsel to PMP
What’s next
The substantive suit will return to the Federal High Court for a fresh hearing, with INEC, the NDC and the PMP now expected to participate in the proceedings.
The court will reconsider the issues surrounding the NDC’s registration after hearing arguments from all parties involved.
Until a fresh determination is made, actions taken in compliance with the vacated judgment may remain subject to reversal, depending on subsequent court orders and the eventual outcome of the case.
Bottom line
The Federal High Court has effectively reset the legal battle over the registration of the Nigeria Democratic Congress, ruling that the earlier judgment cannot stand because all affected parties were not heard. The case will now be reheard from the beginning before a new decision is reached.
