Court of Appeal Overturns Lokoja Ruling, Restores NDC’s Registration
The Court of Appeal in Abuja has set aside a judgment of the Federal High Court in Lokoja that would amount to the deregistration of the Nigeria Democratic Congress (NDC).
In a 2–1 majority decision, the appellate court held that the ruling of 26 June 2026 amounted to an abuse of power. It said a Federal High Court cannot sit on appeal over its own earlier judgment of 10 December 2025, which had directed the Independent National Electoral Commission (INEC) to register the NDC.
The court dismissed the controversy over the NDC’s use of a logo said to belong to another political association, the Peace Movement Party (PMP). That claim had been central to Justice Isah Dashen’s decision to set aside the December 2025 judgment.
The majority held that the PMP, not being a registered political party, was merely a “meddlesome interloper” and an “errant spoiler.” It further held that the political association lacked the legal right to institute the application in the first place.
The two justices said the PMP was only an interested party, not a necessary party. They held that its non-inclusion in the suit that produced the December 2025 judgment did not amount to a breach of its right to fair hearing.
The majority restated that a trial court lacks jurisdiction to review or vary its own final judgment, except to correct clerical errors. After a final judgment is entered, any further challenge must go to the Court of Appeal.
In a dissenting judgment, Justice Okon Abang affirmed the Federal High Court’s decision ordering the deregistration of the NDC. He held that the NDC filed its action challenging INEC’s refusal to register it out of time.
According to him, the party sued 53 days after the cause of action arose, instead of within the 14 days prescribed by the Electoral Act after receipt of INEC’s letter of refusal. He therefore concluded that the trial court acted without jurisdiction in hearing a suit filed out of time. That is the suit which resulted in the judgment of 10 December 2025.
Justice Abang also questioned why the NDC travelled to the Lokoja Division of the Federal High Court instead Abuja to challenge INEC’s refusal. He described the choice of venue as forum-shopping aimed at obtaining a favourable verdict.
In December 2025, the Federal High Court in Lokoja ordered INEC to register the NDC after the commission had refused.
On 26 June 2026, Justice Isah Dashen, of the same court, set aside that judgment on an application by the Peace Movement Party (PMP). The court held that PMP claimed that the logo used by the NDC made it a necessary party that had not been joined, and that the earlier proceedings were therefore defective.
It ordered a return to the pre-December 2025 status quo and a fresh hearing with all parties joined.
The NDC argued the court had become functus officio after delivering a final judgment, had no jurisdiction to revisit it on an interlocutory application, issued no explicit deregistration order, and that PMP lacked standing as an unregistered association.
