Court nullifies earlier judgment recognising NDC, orders fresh hearing

Christian George
5 Min Read

The Federal High Court sitting in Lokoja, Kogi State, on Friday nullified its earlier judgment that directed the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.

Justice Isah Dashen ruled that the previous decision could not stand because all parties with an interest in the matter were not heard before the judgment was delivered. He held that the omission amounted to a constitutional defect, rendering the proceedings null and void.

The court upheld an application filed by the Peace Movement Party (PMP), agreeing that the party was a necessary party to the case. According to the judge, the failure to include the PMP in the original proceedings invalidated the judgment delivered in December 2025.

Justice Dashen also directed that the status quo be restored to what it was before the December 2025 ruling pending the determination of the substantive suit. He further observed that material facts had been suppressed during the earlier proceedings, providing sufficient grounds to set aside the judgment.

As part of the ruling, the court ordered that the substantive suit should commence afresh, with INEC, the PMP and the NDC joined as parties in the case.

Speaking to journalists after the ruling, counsel to the applicant, Chikezie Ekeocha, said the PMP approached the court after discovering that the NDC’s registration was based on a logo the party had earlier submitted to INEC before the commencement of the suit.

According to Ekeocha, the court agreed that the applicant’s rights had been affected, leading to the nullification of the earlier judgment.

«“The court has ordered all parties to return to the position they occupied before the judgement of 10 December 2025, and directed the claimants to join all necessary parties to ensure the issues in dispute are effectually and completely determined,” he said.»

Ekeocha explained that the implication of the ruling is that every action taken by INEC in compliance with the now-vacated judgment has been reversed.

«“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registration, its inclusion in INEC’s records, and any appearance on ballot papers arising from that judgement must be withdrawn pending the final determination of the substantive suit,” Mr Ekeocha stated.»

He stressed, however, that the substantive matter remains before the court and has yet to be decided.

«“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.”»

Ekeocha also rejected claims that the court merely directed parties to maintain the status quo, insisting that the ruling specifically ordered the restoration of the position that existed before the judgment of 10 December 2025.

The decision effectively sends the dispute over the registration of the NDC back to the Federal High Court for a fresh hearing, with all interested parties expected to participate before a new judgment is delivered.

The ruling comes only weeks after the Federal High Court in Abuja ordered the deregistration of five political parties—the African Democratic Congress (ADC), Action People’s Party (APP), Action Alliance (AA), Zenith Labour Party (ZLP) and Accord Party.

However, on June 16, the Court of Appeal in Abuja suspended the enforcement of that judgment, holding that it was inconsistent with its earlier order staying proceedings before the Federal High Court.

The series of court decisions comes as political parties prepare for the 2027 general elections and step up campaign activities.

It remains uncertain how Friday’s ruling, which reversed the recognition of the NDC, will affect the immediate status of the party and its candidates, including Peter Obi, who is its presidential candidate.

As of the time of filing this report, neither INEC nor the NDC had publicly reacted to the court’s decision.

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