Court Voids Judgment Ordering INEC to Register NDC, Orders Fresh Hearing

A Federal High Court sitting in Lokoja, Kogi State, has set aside its earlier judgment directing the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.

Delivering the ruling on Friday, June 26, Justice Isah Dashen held that the earlier judgment was fundamentally flawed because it was delivered without hearing all parties with an interest in the matter.

The court upheld an application filed by the Peace Movement Party (PMP), ruling that the party was a necessary party to the suit and should have been joined before any substantive decision was made.

Justice Dashen held that the omission amounted to a breach of the constitutional right to fair hearing, rendering the December 10, 2025 judgment null and void. He also noted that material facts were allegedly withheld during the earlier proceedings, providing further grounds to vacate the judgment.

The court consequently ordered that the status quo be restored to the position it was before the December 10, 2025 ruling, pending the determination of the substantive suit.

As part of the order, the court directed that the case be heard afresh, with INEC, the Peace Movement Party, and the Nigeria Democratic Congress joined as parties.

Speaking to journalists after the ruling, counsel to the applicant, Chikezie Ekeocha, said the PMP approached the court after discovering that the NDC's registration was based on a logo the PMP had earlier submitted to INEC.

According to him, the court agreed that the party's interests were directly affected and consequently set aside the previous 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 added that the ruling effectively reverses every action taken by INEC pursuant to the earlier judgment.

"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registration, its inclusion in INEC's records, and any appearance on ballot papers arising from that judgment must be withdrawn pending the final determination of the substantive suit," he stated.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 court has not ruled on the substantive issues surrounding the registration of the NDC. Rather, the case will now return to the Federal High Court for a fresh hearing, during which all relevant parties will be given the opportunity to present their arguments before a new decision is reached.

If the ruling remains in force, the NDC would be unable to participate in the 2027 general elections unless the party is eventually registered through the fresh court proceedings or the decision is overturned on appeal. Consequently, the party's presidential and vice-presidential candidates, Peter Obi and Rabiu Kwankwaso, would not be eligible to contest the election on the NDC platform unless the legal issues are resolved in the party's favour before the polls.