6-Month Reversal: Court Sets Aside NDC Registration for Joinder Defect

For legal practitioners, the court's volte-face is a textbook illustration of the consequences of non-joinder in election-related litigation: a judgment rendered without hearing a party whose rights are directly affected can be set aside as a nullity. The decision underscores the judiciary's inherent power to correct its own order to prevent a miscarriage of justice, while also throwing the procedural and substantive rights of political party registration into sharp relief ahead of the 2027 polls.

A Federal High Court sitting in Lokoja, Kogi State, vacated its own December 10, 2025 order that had compelled the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party. Delivered by Justice Isah Dashen on June 26, 2026, the ruling rested on a critical procedural defect: the earlier judgment had not joined the Peace Movement Party (PMP), which claims ownership of the logo that the NDC used to obtain registration. The court held that the December order adversely affected the PMP's right to a fair hearing, thereby rendering it a nullity. Consequently, counsel C.S. Ekeocha stated that all actions stemming from the December order—including the issuance of a certificate of registration, inclusion of the NDC in INEC's records, and any ballot paper presence—are reversed pending final determination of the substantive suit.

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A Federal High Court sitting in Lokoja, Kogi State, vacated its own December 10, 2025 order that had compelled the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.

INEC, through its Chairman's Chief Press Secretary Adedayo Oketola, confirmed it is aware of the media reports but has not yet received the Certified True Copy (CTC) of the judgment. The commission stressed it would only take a position after its legal department reviews the CTC, a cautious stance that underscores the high stakes. A senior INEC official, speaking anonymously, recalled that the commission had initially rejected the NDC's letter seeking registration, indicating that the original December order had forced its hand. The African Democratic Congress (ADC), meanwhile, issued a stark political warning, accusing President Bola Tinubu of using state institutions to weaken opposition parties and arguing that Nigeria risks descending into a one-party state ahead of the 2027 general elections. The headline references suggest that former Vice President Atiku Abubakar also expressed concern, adding weight to opposition fears.

The legal foundation of the reversal is the principle of audi alteram partem—no person should be condemned unheard. The PMP was not given an opportunity to argue its claim to the logo before the court directed INEC to register the NDC. In Nigerian administrative and constitutional law, a judgment that binds a person without joining them as a party is fundamentally flawed and can be set aside by the same court. This case thus reinforces the judiciary's power to correct its own errors to prevent gross injustice. For legal practitioners, it serves as a cautionary tale about timely joinder, especially in election-related litigation where multiple interests often collide. The ruling, however, is interlocutory, leaving the substantive suit (now with all necessary parties) to proceed, which could extend the legal uncertainty for months.

For INEC, the immediate challenge is operational: must it revoke the NDC's registration and remove it from all electoral preparations? The court's order says actions taken under the December judgment are withdrawn pending the final determination, but INEC's own procedures require a CTC before implementation. This administrative gap could create confusion if any election cycle milestone falls within the review period. The commission's reputation for impartiality is on the line, especially given the ADC's allegations that the presidency is orchestrating the legal crackdown. INEC has historically sought to maintain independence, but the current political climate makes every decision subject to partisan interpretation.