EXPLAINER: Why Court set aside ruling on NDC’s registration

A Federal High Court sitting in Lokoja has set aside its earlier judgment that directed the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party, effectively returning the dispute over the party’s registration to the court for a fresh hearing.

The decision has generated questions about the legal status of the NDC, the reasons behind the court’s reversal, and what happens next. Here is a breakdown of the issues.

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What did the court decide?

Justice Isah Dashen ruled on Friday that the court’s earlier judgment delivered on December 10, 2025, should be set aside because it was reached without hearing from all parties whose interests were directly affected.

Specifically, the judge held that the Peace Movement Party (PMP) was not joined in the suit despite claiming ownership of the logo that the NDC presented to INEC as part of its registration documents.

The court consequently ordered that all parties return to the position they occupied before the December 10 judgment and directed that all necessary parties be joined before the case proceeds.

Why was the earlier judgment set aside?

According to counsel for the Peace Movement Party, C.S. Ekeocha, his client approached the court after discovering that the logo used by the NDC in its registration process was substantially similar to the one the PMP had earlier submitted to INEC before the commencement of the case.

Ekeocha argued that because the dispute directly affected the rights and interests of the PMP, the party ought to have been made a party to the original proceedings.

The court agreed that a decision affecting the rights of an interested party should not be taken without giving that party an opportunity to be heard, a principle commonly known in law as the right to fair hearing.

What does the ruling mean for the NDC?

The immediate effect of the ruling is that the earlier judgment compelling INEC to register the NDC has been nullified.

According to Ekeocha, every action taken by INEC pursuant to that judgment is also affected.

These include:

• The recognition of the NDC as a political party.
• The issuance of its certificate of registration.
• Its inclusion in INEC’s official records as a registered political party.
• Any preparations for its appearance on ballot papers arising from the earlier judgment.

Those actions are expected to remain suspended pending the final determination of the case.

Has the court cancelled the NDC permanently?

No. The court did not rule that the NDC cannot be registered as a political party.

Rather, it held that the previous judgment could not stand because all necessary parties were not before the court.

The substantive dispute over the NDC’s registration is still pending and will now be heard afresh after the Peace Movement Party and any other affected parties are formally joined.

What happens next?

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

During the proceedings, all parties, including the PMP, will have the opportunity to present evidence and legal arguments.

After hearing from all sides, the court will determine whether the NDC is entitled to registration and whether there are any legal impediments arising from the disputed logo or other issues.

Why is the ruling significant?

The judgment underscores the importance of the constitutional principle of fair hearing, which requires courts to hear every party whose legal rights may be affected before making a decision.

It also highlights the need for political parties seeking registration to ensure that their names, symbols and logos do not conflict with those already submitted or registered by other political organisations.

Until the court reaches a fresh decision, 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.