By Ekuson Nw’Ogbunka
Abuja
The Nigeria Democratic Congress (NDC), has filed an appeal following a Federal High Court (FHC) decision in Lokoja. Because the matter is pending before the Court of Appeal, this report is limited to facts on the court record and statements by the parties. It does not address the merits of the appeal.
Jurisdiction on Record
According to court records, the FHC is a court of uniform and competent jurisdiction on federal matters, including those involving INEC.
The December 10, 2025 Order
Court records show that on December 10, 2025, the Federal High Court, Lokoja, made an order directing INEC to register the NDC.
The June 26, 2026 Ruling
According to the judgment of June 26, 2026, Justice Isah Dashen set aside the December 2025 order. The court stated reasons for its decision in the judgment.
Reason Cited in the Judgment
The judgment, as delivered in open court, stated that the December order was set aside due to an alleged breach of the right to fair hearing under the Constitution.
Parties Referenced
The judgment referenced the non-joinder of certain parties, including the Peace Movement Party. The court’s reasons are contained in the judgment.
Legal Principle Cited
The court cited the principle of fair hearing, _audi alteram partem_. The full reasoning is set out in the certified judgment.
Effect as Stated in the Order
With the December order set aside, INEC stated that it would be guided by the subsisting court order. The practical effect is a matter of law and INEC’s compliance.
INEC’s Stated Position
INEC has not issued a separate press statement on the June ruling, but the commission is bound to comply with valid court orders.
NDC’s Stated Next Step
The NDC has stated that it has appealed the June 26, 2026 decision to the Court of Appeal. The grounds of appeal are contained in its filed processes.
Procedural Timelines
Electoral timelines are set by law and INEC regulations. Parties are expected to comply with those timelines regardless of pending litigation.
Practice Point for Registration Suits
Legal practitioners note that joinder of interested parties is a procedural requirement in many electoral suits. The court’s judgment addressed this issue.
Competitive Interest Noted by the Court
The judgment noted the interest of other parties in who is listed on INEC’s register. The court’s observations are contained in the ruling.
Distinction in the Ruling
The June 26 judgment addressed procedure and fair hearing. It did not make findings on the substantive registration criteria under the Electoral Act.
Court’s Power as Exercised
The Federal High Court set aside its prior order. The legal basis for that action is stated in the judgment.
Precedential Value
Legal commentators say the ruling may be referenced in future registration matters. The Court of Appeal will determine its application.
Party’s Stated Position
The NDC has stated that it disagrees with the ruling and is pursuing appellate remedies. The party’s position is contained in its appeal documents.
Issues Before the Court of Appeal
According to legal observers, the appellate court will consider the arguments and records filed by the parties. The outcome is pending determination by the court.
Status of the Matter
The case is sub judice. It is pending before the Court of Appeal. This report makes no comment on how the appeal should be decided.
