A Federal High Court in Lokoja, Kogi State, has vacated its earlier judgment ordering the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.
Delivering the ruling in suit number FHC/LKJ/CS/49/2025, Justice Isah Dashen held that the court's December 10, 2025 decision was fundamentally flawed because all parties with an interest in the matter were not joined before judgment was delivered.
The application that led to the ruling was filed by the Peace Movement Party (PMP), which argued that it had a legal interest in the dispute and should have been made a party to the proceedings.
Justice Dashen agreed with the applicant, holding that the omission amounted to a breach of the constitutional right to fair hearing and rendered the earlier proceedings a nullity.
The court also found that material facts were not disclosed when the original case was heard, making it necessary to set aside the judgment that directed INEC to register the NDC.
As a result, the judge ordered that the status quo existing before the December 2025 judgment be restored pending the determination of the substantive suit.
He further directed that the substantive case be heard afresh, with the Independent National Electoral Commission, the Nigeria Democratic Congress and the Peace Movement Party joined as parties.
The latest ruling reopens the legal battle over the NDC's registration, months after INEC said the party was registered solely in compliance with the court's earlier order.
Speaking on February 5, 2026, INEC Chairman Joash Amupitan disclosed that only two of the eight associations seeking registration had met the requirements for final assessment and verification under the Constitution and the Electoral Act.
He explained that although the NDC was not among the associations that successfully completed the commission's registration process, the electoral body registered it after the Federal High Court ordered it to do so.
According to Amupitan, the commission complied with the judgment delivered in suit No. FHC/LKJ/CS/49/2025 between Barrister Takori Mohammed Sanni and others against INEC, which directed the registration of the Nigeria Democratic Congress.
With the earlier judgment now set aside, the case will return to the Federal High Court for a fresh hearing involving all the parties identified by the court.
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