A Federal High Court sitting in Lokoja, Kogi State, on Friday set aside its earlier judgment directing the Independent National Electoral Commission to register the Nigeria Democratic Congress as a political party.
Justice Isah Dashen held that the earlier judgment was constitutionally defective because all parties with an interest in the matter were not given an opportunity to be heard before the decision was delivered.
The court upheld an application filed by the Peace Movement Party, ruling that it was a necessary party to the suit.
According to the judge, the failure to hear all relevant parties rendered the entire process null and void.
Justice Dashen consequently restored the status quo that existed before the December 10, 2025 judgment, pending the determination of the substantive suit.
The judge also observed that some material facts were suppressed during the earlier proceedings, a development he said justified the decision to set aside the judgment.
He subsequently ordered that the substantive suit should begin afresh with INEC, the Peace Movement Party and the Nigeria Democratic Congress joined as parties in the case.
Counsel for the applicant, Chikezie Ekeocha, said 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.
According to him, the court agreed that the applicant’s rights had been affected and consequently vacated the earlier judgment.
“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,” Ekeocha said.
He explained that the implication of the ruling was that every action taken by INEC in compliance with the now-vacated judgment had 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registration, its inclusion in INEC’s records, and any appearance on ballot papers arising from that judgment must be withdrawn pending the final determination of the substantive suit,” he stated.
Ekeocha, however, clarified that the substantive suit had not been determined, noting that the court merely set aside its earlier judgment to allow all parties whose interests were affected to be heard before a fresh decision is reached.
He also dismissed suggestions that the court only ordered parties to maintain the status quo, insisting that the ruling specifically restored the position that existed before the December 10, 2025 judgment.
The ruling effectively returns the dispute over the registration of the NDC to the Federal High Court for a fresh hearing with all relevant parties expected to participate before a new determination is made.
