Federal High Court Voids Earlier Judgment Compelling INEC to Register Nigeria Democratic Congress
By Dr. Odimientimi Agbedeyi
A significant legal twist has emerged in the controversy surrounding the registration of the Nigeria Democratic Congress (NDC) as the Federal High Court sitting in Lokoja, Kogi State, has set aside its earlier judgment that directed the Independent National Electoral Commission (INEC) to register the political party.
The ruling, delivered on Friday by Justice Isah Dashen in Suit No. FHC/LKJ/CS/49/2025, effectively nullifies the court’s judgment of December 10, 2025, pending a fresh hearing of the substantive matter involving all parties with a legal interest in the dispute.
Justice Dashen held that the earlier judgment could not stand because it was reached without giving all necessary parties an opportunity to be heard, a requirement that lies at the heart of the constitutional principle of fair hearing.
According to the court, the Peace Movement Party (PMP) successfully demonstrated that it had a direct legal interest in the matter and ought to have been joined in the proceedings before any final decision affecting its interests was made.
The judge observed that excluding the PMP from the earlier proceedings rendered the process constitutionally defective. Consequently, he declared that the previous judgment was null and void and ordered that the parties be restored to the positions they occupied before the December 10, 2025 judgment.
The court further directed that the substantive case should commence afresh, with INEC, the Peace Movement Party (PMP), and the Nigeria Democratic Congress (NDC) all participating as parties to ensure that every relevant issue is comprehensively determined.
Counsel to the applicant, C. S. Ekeocha, explained that the Peace Movement Party approached the court after discovering that the logo used in the registration process of the Nigeria Democratic Congress allegedly bore similarities to one previously submitted to INEC by the PMP before the commencement of the suit.
According to Ekeocha, the court agreed that the applicant’s legal rights could be affected by the earlier judgment and therefore granted the application to vacate it.
He explained that the immediate implication of the ruling is that every action previously taken by INEC pursuant to the December 10, 2025 judgment must be reversed pending the outcome of the fresh hearing.
This includes the recognition of the Nigeria Democratic Congress, the issuance of any certificate of registration, its inclusion in INEC’s official records, and any related electoral recognition arising solely from the vacated judgment.
However, Ekeocha emphasized that the ruling should not be interpreted as a final decision on whether the Nigeria Democratic Congress is entitled to registration.
Rather, he clarified that the court has merely ordered that the case be reheard after joining all parties whose legal interests may be affected by the outcome.
The latest development returns the dispute over the registration of the Nigeria Democratic Congress to the Federal High Court for a full hearing, where all parties will have the opportunity to present evidence and legal arguments before the court reaches a fresh determination.
Legal observers note that the ruling reinforces one of the cardinal principles of Nigeria’s judicial system—that no person or organisation whose rights may be affected by a court’s decision should be condemned unheard. The eventual outcome of the substantive suit could have implications for political party registration procedures and future electoral disputes involving INEC.
Source: Dockaysworld
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