By Ezurike Ugochukwu
The Court of Appeal, Abuja, has validated the registration of the Nigeria Democratic Congress (NDC) as a political party, setting aside a Federal High Court judgment in Lokoja, Kogi State, that had reversed an earlier order directing the Independent National Electoral Commission (INEC) to register the party.
In a split 2–1 decision, the appellate court held that the lower court erred when it revisited its own earlier judgment of December 10, 2025, which had ordered INEC to recognise and register the NDC.
The majority judgment, delivered by Justices Mohammed Danjuma and Muslim Sule Hassan, also rejected the challenge over the NDC’s party logo, which had been raised by an association operating under the aegis of the Peace Movement Party (PMP).
The two justices consequently allowed the NDC’s appeal, setting aside the subsequent judgment that had effectively voided the party’s registration.
The appellate court held that the Federal High Court had engaged in an abuse of judicial power and hierarchy by sitting on appeal over its own previous judgment.
The dispute followed an application by the PMP, which argued that it had a legal interest in the original proceedings and should have been joined before the Federal High Court ordered INEC to register the NDC.
The Lokoja court, presided over by Justice Isah Dashen, had accepted the argument and subsequently set aside its December 10, 2025 judgment directing INEC to register the NDC.
Justice Dashen had held that parties with vested interests in the matter ought to have been given an opportunity to participate in the proceedings before the registration order was made.
The court consequently ordered a fresh hearing with all relevant parties properly joined.
Dissatisfied with the decision, the NDC appealed to the Court of Appeal, arguing that the Federal High Court lacked the power to reopen and overturn its own final judgment in the manner it had done.
The majority of the appellate panel agreed with the NDC’s position and restored the effect of the earlier judgment recognising its registration.
The ruling also addressed the controversy surrounding the party’s logo, with the majority rejecting the challenge advanced by the PMP.
However, Justice Okon Abang, the third member of the panel, dissented and upheld the Federal High Court’s decision.
In his dissenting judgment, Abang held that the lower court’s decision should not be faulted and maintained that it had acted consistently with the principles of justice and fair hearing.
The conflicting positions of the three-member panel mean that the NDC’s registration has been upheld by the majority of the Court of Appeal, while the dissent provides a contrary judicial view on the issues that gave rise to the dispute.
The case has assumed significance ahead of the 2027 general elections, as the NDC had already nominated candidates for the elections before the latest appellate ruling.
The Court of Appeal’s decision consequently restores the NDC’s position as a registered political party at the appellate level and removes the immediate effect of the Lokoja judgment that had reversed its registration.
The dispute, however, may still have further legal implications depending on whether any of the parties pursue additional judicial remedies.