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Fresh battle, implications as court orders deregistration of NDC

 

… it’s an abuse of court process – National Chairman 

By Sanni Abdullahi and Chucks Nwonye

A Federal High Court sitting in Lokoja has set aside its December 2025 judgment that recognized the Nigeria Democratic Congress, NDC, as a registered political party, throwing the party’s status into uncertainty less than two years to the 2027 general elections.

In a ruling delivered this week, the court held that its earlier decision could not stand because it affected the interests of the Peace Movement Party, PMP, which was not joined as a party to the original suit. PMP had claimed ownership of the logo adopted by the NDC and argued that its rights were infringed by the registration order made without its participation.

Consequently, Justice the court ordered all parties to return to the position they occupied before the December 10, 2025 judgment, pending a fresh hearing with all necessary parties properly joined. The effect of the order is immediate and sweeping: every action taken by the Independent National Electoral Commission, INEC, pursuant to the overturned judgment has been reversed. That includes the issuance of the NDC’s certificate of registration.

How the Case Unfolded

The NDC had approached the Federal High Court in Lokoja in 2025 seeking an order compelling INEC to register it as a political party. On December 10, 2025, the court granted the relief, directing INEC to issue a certificate of registration to the new party. INEC complied, and the NDC subsequently began fielding candidates, mobilizing members, and positioning itself as one of the emerging platforms ahead of 2027.

However, the Peace Movement Party later filed an application seeking to set aside the judgment. PMP’s contention was that the logo now being used by NDC was its own, and that the December judgment affected its legal and proprietary interests. Because PMP was not joined in the original suit, it argued, the judgment was obtained in breach of the rules of fair hearing.

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The Lokoja court agreed. In its latest decision, it held that a judgment that impacts the rights of a person or entity not before the court cannot stand. The court therefore vacated the December 10 order and directed that the matter be relisted for a fresh hearing, this time with PMP joined as a necessary party.

What the Reversal Means for NDC

The practical implication is stark for the Nigeria Democratic Congress. With the court’s order, the legal basis for its registration has been nullified. INEC is now required to treat the NDC as if the December 2025 judgment had never been made, until a new determination is reached after a proper hearing.

That leaves the party without a valid certificate of registration at a critical moment in the electoral cycle. Candidate nominations, party structures, and campaign activities undertaken under the NDC platform are now legally exposed, unless the court’s decision is reversed on appeal or the party is re-registered after the fresh hearing.

NDC Pushes Back: ‘An Abuse of Court Process’

The NDC is not conceding defeat. In a statement signed by its National Chairman, Senator Moses Cleopas Zuwoghe, the party condemned the Lokoja court’s decision and vowed to defend its platform.

“It is too late for anyone to attempt to use the judiciary to derail or narrow Nigeria’s multi-party democratic space,” Sen. Zuwoghe said. He argued that if PMP believed it was affected by the December judgment, the proper course was to file an appeal within the time allowed by law.

“Even at that, the window open for such appeal has since closed and any such appeal by now has become statute-barred,” the chairman stated. “To now try to upturn that verdict through the back door, via a motion, is not only unheard-of, but also illegal and an outright abuse of court process.”

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Sen. Zuwoghe sought to reassure members and supporters that the party remains intact. “We thank Nigerians for their support, and we thank all our candidates, members and supporters for their confidence and trust in the party. We assure them that all nominations made remain valid, that our platform is strong and legal, and that justice will be served,” he added.

Legal Experts Weigh In

Constitutional lawyers say the case highlights the tension between procedural fairness and political timing. The principle that a court cannot decide matters affecting a party that was not heard is well established in Nigerian jurisprudence. At the same time, setting aside a registration months after INEC had acted on it creates operational complications for the electoral body and for the party involved.

“This is not about whether NDC should exist as a party. It is about process,” a senior lawyer who does not represent either side told our correspondent. “If PMP’s logo was indeed appropriated, and it was not joined, then the court had little choice but to set aside. The real contest will now be at the fresh hearing, and possibly at the Court of Appeal if either side is dissatisfied.”

Broader Political Context

The development comes amid heightened scrutiny of Nigeria’s party system ahead of 2027. Earlier this year, a separate Federal High Court in Abuja ordered INEC to deregister five other parties — ADC, Accord, AA, APP and ZLP — for failing to meet constitutional performance thresholds. That order was later stayed by the Court of Appeal, leaving those parties in limbo but still on INEC’s register for now.

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The NDC situation is different because it concerns the validity of the registration itself, not post-election performance. With the certificate withdrawn, the party will have to convince the court, with PMP now in the room, that it is entitled to registration under the Electoral Act and the 1999 Constitution.

What Happens Next

Several questions remain unanswered. First, will INEC immediately delist NDC from its register of political parties, or will it wait for the outcome of the fresh hearing? Second, what becomes of candidates who have already emerged under the NDC banner for upcoming by-elections or 2027 preparations? Third, can the party regularize its logo dispute with PMP and return to the status quo ante?

For now, the Lokoja court has pressed pause. All parties are to revert to their positions as of December 9, 2025, effectively erasing the months of activity that followed the initial registration order.

Implications for Democracy

Sen. Zuwoghe’s warning about “narrowing Nigeria’s multi-party democratic space” resonates at a time when opposition parties are alleging attempts to shrink the political field. Whether the NDC case is a routine procedural correction or part of a wider pattern will likely be debated in the weeks ahead.

What is clear is that the judiciary will have the final word — and this time, with all stakeholders at the table. The fresh hearing, once scheduled, will determine whether the Nigeria Democratic Congress returns to INEC’s register or remains on the outside looking in as 2027 approaches.

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