By Nchetachi Chukwuajah
A Federal High Court sitting in Lokoja has set aside its earlier judgement of December 10, 2025, which directed the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.
Justice Isah Dashen delivered the judgement on Friday, June 26, noting that the earlier judgement was constitutionally defective because all necessary parties were not heard before the decision was reached.
The court also upheld the application filed by the Peace Movement Party (PMP) seeking to be joined as an interested party in the matter.
Justice Dashen ruled that the applicant had successfully established that it was a necessary party whose interests could be affected by the outcome of the case.
The judge held that the failure to hear the interested party rendered the proceedings a nullity.
He further noted that material facts were suppressed in obtaining the 2025 judgement, making it necessary to set the decision aside.
Justice Dashen consequently ordered that the status quo be restored pending the determination of the substantive suit.
The court also directed that the case should commence afresh, with INEC, the Peace Movement Party, and the NDC participating as parties in the proceedings.
In his response, counsel to the applicant, C.S. Ekeocha, noted that the Peace Movement Party approached the court after discovering that the NDC’s registration was based on a logo it had previously submitted to INEC before the commencement of the suit.
He said the court agreed that the applicant’s rights had been affected and consequently vacated the earlier judgement.
“The court has ordered all parties to return to the position they occupied before the judgement of December 10, 2025, and directed the claimants to join all necessary parties to ensure the issues in dispute are effectually and completely determined,” he said.
He explained that the implication of the ruling is that every action taken by INEC in compliance with the now-vacated judgement stands reversed.
“The recognition of the Nigeria Democratic Congress, 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registration, its inclusion in INEC’s records, and any appearance on ballot papers arising from that judgment must be withdrawn pending the final determination of the substantive suit,” Ekeocha said.
The lawyer, however, clarified that the substantive case remains before the court and has not been decided.
Ekeocha said, “The matter has not been concluded. The court merely set aside its previous judgement and directed that the party whose interests were affected be joined so that all sides can be heard before a fresh decision is reached.”
He also dismissed suggestions that the court merely ordered parties to maintain the status quo, insisting that the ruling specifically directed a restoration of the position that existed before the December 10, 2025 judgement.
With the ruling, the dispute over the registration of the NDC would effectively be returned to the Federal High Court for a fresh hearing, with all relevant parties expected to participate before a new determination is made.
Recall that INEC had, in February 2026, announced that it had registered the NDC as a new political party ahead of the 2027 elections and presented it with a certificate of registration.
INEC had premised its decision to register the party on a judgement delivered by the Federal High Court, Lokoja, Kogi State, in Suit No. FHC/LKJ/CS/49/2025 between Takori Mohammed Sanni & Ors v. INEC, which ordered the commission to register NDC as a political party.
