Appeal Court upholds NDC registration, says Lokoja Court abused judicial power

The Court of Appeal sitting in Abuja has set aside the judgment of the Federal High Court in Lokoja, Kogi State, which had ordered the deregistration of the Nigeria Democratic Congress (NDC) as a political party.

In a split 2-1 decision delivered by a three-member panel, the appellate court upheld the Independent National Electoral Commission’s recognition of the NDC and faulted the Lokoja court’s decision.

Justices Mohammed Danjuma and Muslim Sule Hassan, who formed the majority, held that the Federal High Court had acted improperly by revisiting its own earlier judgment of December 10, 2025, which had directed INEC to register the NDC.

The majority found merit in the NDC’s appeal and consequently set aside the judgment delivered by Justice Isah Dashen on July 26.

The dispute arose after the Peace Movement Party (PMP) approached the Lokoja court, arguing that its interests had been affected by the earlier judgment because it was not joined in the original proceedings.

The PMP also claimed ownership of the logo used by the NDC in securing its registration.

Justice Dashen had accepted the PMP’s argument and voided the earlier judgment directing INEC to register the NDC, ordering that the case be heard afresh with all relevant parties joined.

However, the Court of Appeal held that the lower court had exceeded its powers by effectively sitting on appeal over its own previous judgment.

The majority decision also rejected the contention surrounding the NDC’s party logo and ruled in favour of the NDC.

Justice Okon Abang, the third member of the panel, disagreed with the majority decision.

In his dissenting judgment, Justice Abang upheld the Lokoja court’s decision, maintaining that there was no sufficient basis to fault Justice Dashen’s handling of the matter and that the lower court had acted in accordance with the principles of justice and fair hearing.

The NDC had appealed the Lokoja judgment after it was prevented from enjoying recognition by INEC and faced uncertainty over its participation in the 2027 general elections.

The party had already nominated candidates for various positions ahead of the elections before the legal dispute over its registration intensified.

Reacting to Friday’s ruling, former Bayelsa State governor and NDC chieftain, Senator Seriake Dickson, welcomed the decision and described it as significant for multiparty political participation.

Dickson commended Justices Danjuma and Hassan for the majority judgment, saying it had reaffirmed the NDC’s right to operate as a registered political party.

He said the party had consistently maintained that its establishment was aimed at expanding Nigeria’s multiparty political space.

According to him, the Lokoja judgment had created uncertainty over the party’s participation in the electoral process, but the Court of Appeal’s decision had resolved the immediate legal challenge in its favour.

“The NDC continues to exist. Our registration remains valid and subsisting, and we and all our candidates will participate in all elections in 2027 and beyond, by the grace of God,” Dickson said.

He also thanked members of the party and Nigerians who supported the NDC during the legal battle.

Dickson urged party members and candidates to now focus on preparations for the 2027 elections.

He said the party would continue to pursue its political objectives while relying on what he described as the strength of its message, candidates and membership.

The NDC’s latest victory comes amid continuing legal disputes involving the registration and recognition of political parties ahead of the 2027 general elections.

The Court of Appeal’s majority ruling means that, for now, the Lokoja judgment ordering the deregistration of the NDC has been set aside and the party’s registration remains recognised, subject to any further legal proceedings.