*A’Court Adjourns Hearing Of ADC, Others Deregistration Challenge To July 7

A FEDERAL High Court in Lokoja, Kogi State, presided over by Justice Isah Dashen, on Friday, June 26, set aside its earlier judgment directing the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party, holding that the earlier judgment affected the rights of the Peace Movement Party (PMP), which was not included in the case, despite claiming ownership of the logo used by the NDC.

    Justice Dashen ruled that the applicant had successfully established that it was a necessary party whose interests could be affected by the outcome of the case, saying the failure to hear the interested party rendered the proceedings a nullity.

    The Judge noted that material facts were suppressed in obtaining the earlier judgment, making it necessary to set the decision aside.

    He consequently ordered that the status quo be restored, pending the determination of the substantive suit, and directed that the case should commence afresh, with INEC, PMP and NDC participating as parties in the proceedings.

    Recall that INEC announced the registration of NDC as a new political party ahead of next year’s general elections, based on the earlier judgment, in Suit No. FHC/LKJ/CS/49/2025, between Takori Mohammed Sanni & Ors and INEC.

    Counsel to the PMP, C.S. Ekeocha, said the party approached the court after discovering that the NDC’s registration was based on a logo it had earlier submitted to INEC before the case began, saying: “The court has ordered all parties to return to the position they occupied before the judgment of December 10, 2025, and directed the claimants to join all necessary parties to ensure the issues in dispute are effectually and completely determined.”

    Ekeocha explained that the ruling means all actions taken by INEC based on the earlier judgment have been reversed, adding: “The recognition of the Nigeria Democratic Congress, the issuance of its certificate of registration, its inclusion in INEC’s records and any appearance on ballot papers arising from that judgment must be withdrawn, pending the final determination of the substantive suit.

     “The matter has not been concluded; the court merely set aside its previous judgment and directed that the party whose interests were affected be joined, so that all sides can be heard before a fresh decision is reached.”

    The ruling means that the dispute over NDC’s registration will return to the Federal High Court for a fresh hearing, with all relevant parties participating.

    Meanwhile, the Court of Appeal, Abuja Division, has adjourned the hearing of substantive appeals seeking to set aside the judgment ordering INEC to deregister the African Democratic Congress (ADC) and four other political parties until July 7.

        Besides ADC, the other parties challenging the Federal High Court judgment are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).

    The three-member panel of the court, led by Justice Abba Mohammed, agreed to a full-blown hearing of the appeals after house-keeping proceedings that enabled parties in the case to identify and regularise all the processes they filed in the matter.

    The court panel held that all the appeals would be heard on the scheduled date, following its June 16 stay of execution order on the high court judgment, wherein it lambasted the trial Judge, Justice Peter Lifu, for disrespecting the judicial hierarchy and for disobeying its order it made on May 22 order to stay proceedings in the case, pending the outcome of the appeal by the parties.

    Recall that Justice Lifu had, in his judgment, directed INEC to deregister the five political parties for failure to meet the constitutional requirements to warrant their continued existence and participation in future elections.

    The lower court also barred INEC from further according recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for the purpose of participating in next year’s general elections.

    Justice Lifu also ordered the defendants to stop parading themselves as registered political parties in the country, saying he found merit in the suit filed against them by the National Forum of Former Legislators (NFFL).

    The NFFL had, in the suit, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.

    One of the issues was the requirements of winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state or local government level, which they alleged the five parties filed to meet both the 2023 general elections and by-elections conducted by INEC, thereafter.

    Dissatisfied with the deregistration judgment, the defendants, including INEC, approached the higher court, urging it to set it aside.