By Ayo Kehinde
A Federal High Court sitting in Lokoja, Kogi State, on Friday set aside its earlier judgment directing the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party, ruling that the decision was reached without hearing all parties with an interest in the matter.
Justice Isah Dashen, who delivered the ruling, held that the earlier judgment was constitutionally defective because the Peace Movement Party (PMP), whose rights were allegedly affected by the registration of the NDC, was not joined in the proceedings before the court made its decision.
The judge upheld an application filed by the PMP seeking to be joined in the suit, declaring that the party was a necessary party whose absence rendered the earlier proceedings fundamentally flawed.
According to Justice Dashen, the failure to hear all interested parties amounted to a breach of the constitutional principle of fair hearing, thereby rendering the entire process null and void.
The court also found that certain material facts had been suppressed during the earlier proceedings, a development it said further justified setting aside the December 10, 2025 judgment.
Consequently, Justice Dashen ordered that the status quo be restored to what it was before the December 2025 judgment pending the determination of the substantive suit.
He further directed that the matter should commence afresh, with INEC, the Peace Movement Party and the Nigeria Democratic Congress joined as parties to the case to ensure that all issues in dispute are fully and fairly determined.
Speaking to journalists after the ruling, counsel to the applicant, Chikezie Ekeocha, explained that the PMP approached the court after discovering that the NDC’s registration was based on a logo the party had previously submitted to INEC before the commencement of the original suit.
According to Ekeocha, the court agreed that the applicant’s legal rights had been affected by the earlier judgment and consequently vacated it.
“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.
Ekeocha stated that Friday’s ruling implies that every action taken by INEC pursuant to the now-vacated judgment stands 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 said.
He, however, clarified that the substantive case remains pending before the court and has not been decided on its merits.
“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 added.
He also dismissed suggestions that the court merely ordered parties to maintain the status quo, insisting that the ruling specifically restored the legal position that existed before the December 10, 2025 judgment.
