Federal High Court Sets Aside Judgment Recognising NDC as Political Party

A Federal High Court sitting in Lokoja has set aside its earlier judgment that compelled the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party. The court, presided over by Justice Isah Dashen, found the December 10, 2025, judgment to be constitutionally defective and a nullity, primarily due to the suppression of material facts and the failure to join the Peace Movement Party (PMP) as a necessary party. The PMP had claimed ownership of the logo used by the NDC for its registration. This decision effectively nullifies all actions taken pursuant to the earlier ruling, including the NDC's registration and any related electoral processes, and mandates a fresh hearing with all interested parties participating.

In a significant development impacting Nigeria's political landscape, the Federal High Court sitting in Lokoja recently delivered a ruling that has far-reaching implications for political party registration and the principles of fair hearing. The court set aside its own judgment of December 10, 2025, which had previously directed the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party. This decision effectively nullifies the NDC's registration and all subsequent actions, restoring the parties to their pre-judgment status.

The core of the court's decision hinged on fundamental procedural irregularities: the suppression of material facts and the non-joinder of a necessary party, the Peace Movement Party (PMP), whose rights were adversely affected by the initial judgment. This ruling underscores the judiciary's commitment to upholding the constitutional right to fair hearing and due process, serving as a critical reminder to legal practitioners of the imperative of identifying and joining all indispensable parties in litigation, particularly in matters with broad public interest such as political party registration.

The registration of political parties in Nigeria is a process governed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Electoral Act, 2022. Section 222 of the Constitution outlines the conditions for an association to be recognized as a political party, while Section 75 of the Electoral Act, 2022, empowers INEC to register political parties that comply with constitutional and statutory requirements. INEC is vested with the authority to regulate the formation and activities of political parties, ensuring adherence to the legal framework.

Prior to the recent ruling, the Federal High Court in Lokoja had, on December 10, 2025, ordered INEC to register the NDC as a political party. This judgment presumably followed an application by the NDC, asserting its compliance with the requirements for registration. However, the subsequent application to set aside this judgment brought to the fore critical issues concerning the integrity of the initial proceedings and the rights of other interested parties. The ability of a court to set aside its own judgment is an inherent power, typically exercised when there has been a fundamental defect in the proceedings, such as lack of jurisdiction, fraud, or a denial of fair hearing.

Justice Isah Dashen, in setting aside the earlier judgment, found that the proceedings leading to the NDC's registration were "constitutionally defective" and rendered the judgment a "nullity." The primary grounds for this determination were two-fold: the suppression of material facts and the failure to afford a fair hearing to all interested parties. Specifically, the Peace Movement Party (PMP) successfully demonstrated that it was a necessary party to the original suit but was neither joined nor heard before the judgment was delivered.

The PMP's application revealed that the NDC's registration was predicated on a logo that the PMP had previously submitted to INEC, thereby establishing a direct and adverse impact on the PMP's rights. The principle of fair hearing, enshrined in Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), dictates that every party whose rights and obligations may be affected by a court's decision must be given an opportunity to be heard. A judgment obtained in breach of this fundamental principle is generally regarded as a nullity, irrespective of its correctness on the merits.

Furthermore, the court's finding of suppressed material facts highlights the importance of full disclosure in litigation. Parties are expected to present all relevant facts truthfully to the court. The deliberate withholding or misrepresentation of facts can vitiate judicial proceedings and lead to the setting aside of any judgment obtained thereby. The implication of this ruling is that all steps taken by INEC in compliance with the vacated judgment, including the recognition of NDC, the issuance of its certificate of registration, its inclusion in INEC's records, and any appearance on ballot papers, are now reversed. The substantive suit is now to commence afresh, with INEC, PMP, and NDC as participating parties, ensuring a comprehensive adjudication of the matter.

While the NDC has indicated its intention to appeal the decision and claims to have been granted access to upload candidates to INEC's portal following the appeal, the Federal High Court's ruling unequivocally restores the status quo ante, emphasizing the procedural rectitude required in matters of such public importance. This case serves as a crucial precedent on the grounds for setting aside judgments, particularly those obtained without the full participation of all affected parties and where material facts are not fully disclosed.

This decision by the Federal High Court in Lokoja serves as a potent reminder to legal practitioners of the critical importance of adhering strictly to procedural rules, particularly concerning the joinder of necessary parties and the full disclosure of material facts. Failure to ensure that all parties whose rights may be affected are brought before the court can lead to the nullification of even a seemingly final judgment, thereby causing significant delays and legal uncertainty.

Practitioners involved in electoral law and party registration matters must conduct thorough due diligence to identify all potential stakeholders and ensure their proper inclusion in legal proceedings. The restoration of the status quo ante means that the Nigeria Democratic Congress effectively reverts to its unregistered status, with all prior actions taken by INEC in reliance on the set-aside judgment being reversed. The impending fresh hearing will provide an opportunity for a comprehensive and fair determination of the issues, but the initial procedural missteps underscore the need for meticulous practice in all judicial engagements. Legal professionals should closely monitor the appeal process initiated by the NDC, as its outcome will further shape the jurisprudence on political party registration and the setting aside of judgments in Nigeria.