JUST-IN: Court Sets Aside Order Compelling INEC To Register NDC, Orders Fresh Hearing

A Federal High Court sitting in Lokoja, Kogi State, on Friday, set aside its earlier judgement of December 10, 2025, which had compelled the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC).

Delivering his ruling in Suit No. FHC/LKJ/CS/49/2025, Justice Isah Dashen held that all relevant parties must be heard before any substantive decision can be made in the matter.

The court upheld the application filed by the Peace Movement Party (PMP), ruling that the party is a necessary party to the suit.

Justice Dashen noted that counsel to the PMP successfully demonstrated the party’s legal interest, which warranted its inclusion in the proceedings.

According to the judge, the earlier judgment was constitutionally defective as it was delivered without hearing from all interested parties.

He declared that such an omission rendered the entire process null and void.

Justice Dashen further ruled that the status quo be restored to what it was before the December 2025 judgment, pending the determination of the substantive suit.

He also observed that certain material facts were suppressed in the earlier proceedings, which justified the decision to set aside the judgment.

Consequently, the court ordered that the substantive suit commence afresh, with INEC, the Peace Movement Party (PMP), and the Nigeria Democratic Congress (NDC) as parties to the case.

Counsel to the applicant, C.S. Ekeocha, told journalists 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.

According to Ekeocha, 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,” he said.

He explained that the implication of the ruling is that every action taken by INEC in compliance with the now-vacated judgment 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registration, its inclusion in INEC’s records, and any appearance on ballot papers arising from that judgment must be withdrawn pending the final determination of the substantive suit,” Ekeocha stated.

He, however, clarified that the substantive case remains before the court and has not been 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 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 judgment.

The ruling effectively returns the dispute over the registration of the Nigeria Democratic Congress to the Federal High Court for a fresh hearing, with all relevant parties expected to participate before a new determination is made.