The Federal High Court in Lokoja has reopened the legal battle surrounding the registration of the Nigeria Democratic Congress (NDC), setting aside its previous judgment that directed the Independent National Electoral Commission (INEC) to register the party.
In a ruling delivered on Friday, Justice Isah Dashen held that the earlier judgment delivered in December 2025 could not stand because all parties with a direct interest in the matter were not given an opportunity to be heard before the decision was made.
The court agreed with an application filed by the Peace Movement Party (PMP), which argued that it was a necessary party in the dispute and that its interests were affected by the judgment.
Justice Dashen ruled that the failure to include and hear all relevant parties rendered the previous proceedings constitutionally defective and invalid. He further noted that material facts were allegedly not disclosed during the earlier hearing, providing additional grounds for setting aside the judgment.
As a result, the court ordered that the situation be restored to the position it was before the December 10, 2025 judgment and directed that the substantive suit begin afresh with INEC, PMP and NDC participating in the proceedings.
Speaking after the ruling, counsel to PMP, Chikezie Ekeocha, said his client approached the court after discovering that NDC’s registration was allegedly based on a logo previously submitted to INEC by PMP before the commencement of the suit.
According to him, the court accepted that PMP’s rights may have been affected by the earlier judgment and consequently vacated the decision.
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He explained that the ruling effectively reverses all actions taken by INEC pursuant to the now-nullified judgment, including the recognition of NDC as a political party, the issuance of its registration certificate, and any inclusion of the party in the commission’s official records.
Ekeocha stressed that the substantive dispute remains unresolved, noting that the court has only ordered a fresh hearing to ensure all parties are given a fair opportunity to present their case.
“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,” he said.
The ruling has revived debate among legal observers over the circumstances under which a court can revisit its own decision. While courts generally become functus officio after delivering a final judgment, legal experts note that a court may set aside its own judgment where it is found to be a nullity, particularly in cases involving denial of fair hearing, non-joinder of necessary parties, or suppression of material facts.
With the latest decision, the dispute over NDC’s registration returns to the Federal High Court for a full hearing, where all parties are expected to present their claims before a fresh determination is made.