By James Adamu
The Court of Appeal, Abuja Division, has reinstated the Nigeria Democratic Congress (NDC) as a registered political party, overturning the judgment of a Federal High Court in Lokoja, Kogi State, which had set aside its earlier order directing the Independent National Electoral Commission (INEC) to register the party.
The appellate court’s decision, delivered in a split ruling of two-to-one, immediately triggered a reaction from the NDC’s national leader, Senator Seriake Dickson, who declared that the party would proceed with its campaigns and contest the 2027 general elections, vowing to defeat the ruling All Progressives Congress (APC) at the polls.
The majority judgment, which set aside the decision of Justice Isah Dashen of the Federal High Court, Lokoja, was delivered by Justice Mohammed Danjuma and M. L. Hassan. Justice Okon Abang delivered the dissenting minority judgment.
Justice Dashen had, in a judgment delivered on December 10, 2025, ordered INEC to register the NDC as a political party. The trial court, however, later set aside that order in a ruling on an application brought by the Peace Movement Party (PMP), which claimed ownership of the logo the NDC had adopted. Dashen based his decision on the grounds that the PMP had successfully established a legal interest in the case.
But the appellate court’s majority judgment held that the PMP is not a registered political party and therefore could not have been a necessary party in the suit the NDC filed against INEC.
According to the majority decision, the PMP is “not a registered political party recognized by law” and could not be joined as a necessary party. Having failed that threshold, the court held, the PMP acted as an “errand spoiler” and a “meddlesome interloper.”
The Court further held that the trial court “wrongly and perversely declared” the PMP as a party affected by an earlier and subsisting judgment that recognized the NDC.
Consequently, the appellate court allowed the NDC’s appeal, holding that the trial court was wrong to assume jurisdiction, and adding that “the lower court cannot sit on appeal over its decision.”
Abang’s Dissent
In his dissenting judgment, Justice Abang took the opposite view, holding that the appeal “was dead on arrival” because the trial court had not decided that the PMP was not a registered political party under the Electoral Act. He added that the trial court also did not decide that the PMP lacked locus standi to challenge the NDC in court.
“Grounds of appeal cannot be raised on the imagination, instinct and opinion of a counsel,” Abang held. “There must be a decision before there can be an appeal.”
The minority judgment further held that the appellant ought to have sought leave to appeal on fresh issues.
Faulting the appeal, Abang observed that the NDC filed its appeal 53 days after the prescribed period had elapsed, noting that the Electoral Act provides 14 days within which the NDC could challenge a judgment. According to him, the suit leading to the December judgment, which was later reversed, was “statute-barred” under the Electoral Act.
“Statutory deadline cannot be extended or shifted. No shaking,” Abang held, adding that the trial court lacked jurisdiction ab initio to deliver a judgment recognizing the NDC’s registration.
He described it as “a joke taken too far” for the Lokoja Division of the trial court to extend a statutory provision from 14 days to 53 days in respect of the NDC. He also held that filing the suit at the Lokoja Division rather than the Abuja Division amounted to forum shopping and did not augur well for democracy.
Abang dismissed the appeal as incompetent and awarded N10 million in costs against the appellant. On the merits, he agreed with the lower court that the PMP’s right to fair hearing was breached, observing that the NDC suppressed facts and deceitfully concealed the PMP’s interest in the logo while refusing to join the party as a necessary party. He agreed the PMP was a necessary party because it was the first to submit “the two finger victory sign logo to INEC” as part of the requirements for political party registration.
NDC’s Case
As cited by the Court of Appeal, the NDC’s legal team had urged the Lokoja Division to determine whether the trial court rightly exercised jurisdiction by granting an order setting aside its earlier judgment. The party also asked the court to hold that the trial court was wrong to consider the PMP a necessary party that had been denied a fair hearing.
Dickson Reacts
Reacting to the appellate court’s decision, Dickson said it had restored the NDC’s constitutional right to participate in Nigeria’s democratic process, describing the earlier ruling as an attempt to narrow the country’s democratic space.
The former Bayelsa State governor said the NDC’s registration remained valid and subsisting, urging party members and candidates to shift their attention to the forthcoming elections.
“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,” he said.
Dickson commended the judiciary, particularly Justices Danjuma and Hassan, for what he described as upholding the integrity of the Nigerian judicial system and protecting multiparty democracy.
“We want to use this opportunity once again to commend the Nigerian judiciary, and in particular, Hon. Justice Danjuma and Hon. Justice Hassan, for upholding the integrity of the Nigerian judiciary and, by their decisions, expanding the sphere of multiparty democratic participation in Nigeria,” he said.
He described the Federal High Court judgment as an unexpected setback to a party established to broaden political participation and strengthen multiparty democracy.
“We have said repeatedly that the NDC was set up to expand the frontier of multiparty democracy in Nigeria. Justice Dashen’s judgement a few months ago was an unexpected assault on our constitutional right to participate and an attempt to narrow the democratic space,” he said.
He said the Court of Appeal’s decision had resolved the immediate legal uncertainty surrounding the party’s status.
“Happily, today, by the decision of the Court of Appeal, the Nigerian democratic space has been protected, and the NDC’s right to participate in all political activities as a registered political party has been upheld,” Dickson said.
The NDC leader congratulated members and candidates of the party and thanked Nigerians for their prayers and support during the legal battle.
“When the unexpected judgement of the Lokoja Federal High Court was delivered, we were bombarded with several calls for sympathy, support and prayers. Today, our collective prayers have been answered,” he said.
He urged members to put the legal dispute behind them and concentrate on preparations for 2027.
“Everyone should now focus on the campaigns, prepare for the elections, and focus on the task ahead to face the APC and defeat them at the polls,” he said.
Dickson also warned against attempts to influence the judiciary through improper means, insisting the NDC remained confident in its political message, candidates and membership.
“A resort to arm-twisting, inducing or intimidating the judiciary will not work,” he said.
“We remain confident in the strength of our message, the commitment of our members, the viability of our candidates, and the support of Nigerians,” he added.
He expressed confidence in the party’s prospects, reiterating its commitment to the broader struggle to preserve multiparty democracy in Nigeria.
“With this conviction, we look forward to the forthcoming elections and are confident that the NDC will emerge victorious at the polls, by the grace of God. The fight for Nigeria’s multiparty democracy continues and by the grace of God we will emerge victorious,” he said.
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