Appeal Court Upholds NDC Registration in 2–1 Decision
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Appeal Court Upholds NDC Registration in 2–1 Decision

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Appeal Court Upholds NDC Registration in 2–1 Decision

Admin By Adewale Adewale
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The Abuja Division of the Court of Appeal has upheld the registration of the Nigeria Democratic Congress (NDC) as a political party.

The judgement overturned the judgment of the Federal High Court sitting in Lokoja, Kogi State, which had set aside an earlier order directing the Independent National Electoral Commission (INEC) to register the party.

The appellate court reached the decision on Friday in a split 2–1 judgment, with the majority holding that the Lokoja Federal High Court was wrong to revisit its earlier final judgment directing INEC to register the NDC.

The dispute followed the December 10, 2025 judgment of the Lokoja court, which had ordered INEC to register the NDC after the commission declined its registration application.

The Peace Movement Party (PMP) subsequently approached the court, claiming an interest in the two-finger victory-sign logo used by the NDC and arguing that it ought to have been joined as a necessary party to the original proceedings.

Justice Isah Dashen of the Federal High Court, Lokoja, subsequently set aside the December 2025 judgment on June 26, 2026, holding that the PMP's rights had been affected without it being heard.

The NDC appealed the decision, arguing, among other things, that the Federal High Court had become functus officio after delivering its final judgment and could not subsequently sit on appeal over its own decision.

In its majority judgment, the Court of Appeal agreed with the NDC's position, holding that the trial court was wrong to assume jurisdiction and reverse its earlier judgment.

The appellate court also rejected the basis on which the PMP was treated as a necessary party, according to reports on the judgment.

The majority therefore set aside the June 26 judgment of Justice Dashen and restored the effect of the earlier judgment directing INEC to register the NDC.

However, one of the justices, Justice Okon Abang, dissented.

He disagreed with the majority's reasoning and argued that the NDC's appeal was incompetent.

Abang maintained that the trial court had not actually determined that the PMP was not a registered political party or lacked locus standi to challenge the NDC's registration.

He argued that an appeal must arise from an actual decision of the lower court rather than from counsel's interpretation of what the court decided.

He also held that the NDC's appeal was filed outside the prescribed period, arguing that the Electoral Act provided a 14-day window for challenging the relevant judgment.

He consequently maintained that the original suit was statute-barred and that the Lokoja court lacked jurisdiction ab initio to recognise the NDC's registration.

Justice Abang further disagreed with the majority on the substantive dispute, agreeing with the Lokoja court that the PMP's right to fair hearing had been breached.

He held that the PMP had a sufficient interest in the disputed logo to have been joined in the original proceedings.

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