EXPLAINER: Why Court Set Aside Judgement Ordering INEC To Register NDC And Implications

It’s no longer news that a Federal High Court in Lokoja, Kogi State, on Friday, set aside its earlier judgement directing the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.

The decision effectively reopens the legal battle over the NDC’s registration and places its status as a political party in uncertainty pending a fresh hearing even as the 2027 general election was fast approaching.

The ruling has raised questions about what led to the court’s reversal, the current status of the NDC, and the implications for INEC and members of the embattled political party, especially canddidates for the 2027 elections.

What Did The Court Decide?

Justice Isah Dashen ruled that the court’s December 10, 2025 judgement, which ordered INEC to register the NDC, could not stand because a party with a direct interest in the matter was not included in the proceedings.

The judge held that the Peace Movement Party (PMP) should have been joined in the suit because it claimed ownership of a logo that the NDC allegedly submitted to INEC as part of its registration documents.

As a result, the court set aside the earlier judgement and ordered that all parties return to the position they occupied before the December ruling.

The court also directed that all necessary parties be joined before the matter proceeds.

Why Was The Earlier Judgement Nullified?

The application to set aside the judgement was filed by the Peace Movement Party through its counsel, C.S. Ekeocha.

According to Ekeocha, the PMP discovered that the logo presented by the NDC during its registration process was substantially similar to one previously submitted by the PMP to INEC.

He argued that because the dispute directly affected his client’s rights and interests, the PMP ought to have been made a party to the original case.

The court agreed, holding that no decision affecting the rights of an interested party should be made without giving that party an opportunity to be heard.

This principle is rooted in the constitutional right to fair hearing.

What Does The Ruling Mean For The NDC?

The immediate consequence of the ruling is that the judgement compelling INEC to register the NDC has been nullified, rendering the party’s registration null and void for now.

According to Ekeocha, actions taken by INEC based on the earlier judgement were also affected.

These include:

• Recognition of the NDC as a political party;
• Issuance of a certificate of registration;
• Inclusion of the NDC in INEC’s records of registered political parties; and
• Any preparations connected to the party’s participation in future elections.

Pending the outcome of the fresh hearing, those actions are expected to remain on hold.

Has The Court Permanently Stopped The NDC’s Registration?

No.

The court did not rule against the NDC’s eligibility to be registered as a political party.

Rather, it held that the earlier judgement was procedurally flawed because all parties with a direct interest in the original dispute were not before the court.

The substantive question of whether the NDC should be registered remains unresolved and will be determined during the fresh hearing.

What Happens Next?

The case will return to the Federal High Court in Lokoja for a fresh hearing.

At the resumed proceedings, the Peace Movement Party and any other affected parties will have the opportunity to present evidence and legal arguments.

The court will then determine whether the NDC is entitled to registration and whether the disputed logo or any other legal issues constitute obstacles to its recognition as a political party.

Why Is The Decision Significant?

The ruling reinforces the principle of fair hearing, a cornerstone of Nigeria’s judicial system, which requires courts to hear all parties whose rights may be affected before reaching a final decision.

It also serves as a reminder to political associations seeking registration that their names, logos and symbols must not conflict with those already submitted to or recognised by INEC.

Until a fresh judgement is delivered, the legal status of the NDC remains unresolved, while INEC is expected to comply with the latest court order and await the outcome of the renewed proceedings until a final conclusion is reached.