Appeal Court in Split Decision Reverses Deregistration of NDC

MaTaZ ArIsInG
Dallas, Texas

Alex Enumah in Abuja

The Court of Appeal in Abuja, in a split decision of 2-to-one has reversed the judgment of a Federal High Court in Lokoja, Kogi State, which had set aside its earlier judgment directing the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC), pending a fresh hearing over a dispute involving its logo.

While the majority judgment which set aside the judgment of Justice Isah Dashen was delivered by Justice Mohammed Danjuma and M. L. Hassan, the minority judgment was however delivered by Justice Okon Abang.

Recall that Justice Dashen had in a judgment delivered on December 10, 2025, ordered INEC to register the Nigeria Democratic Congress (NDC) as a  political party.

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However, the trial court later set aside the order during a ruling in an application brought by the Peace Movement Party (PMP), which is laying claim to the ownership of the logo.

Dashen had based the decision to set aside his earlier orders on the grounds that the PMP had successfully established its legal interest in the case.

But, in their judgment in the appeal against the order for deregistration, the majority judgment held that the PMP is not a registered political party and as such could not have been a necessary party in the suit the NDC filed against INEC.

According to the majority decision, PMP is “not a registered political party recognized by law” and could not be joined as a necessary party.

The Court also held that, having not been a necessary party, the PMP operated as an “errand spoiler” and a “meddlesome interloper.”

Besides, the appellate court held that the trial court “wrongly and perversely declared” the PMP as a party affected by an earlier and subsisting court judgment recognizing the NDC.

The appellate court subsequently allowed the appeal, holding that the trial court was wrong to assume jurisdiction, adding that “the lower court cannot sit on appeal over its decision.”

Meanwhile, Justice Abang in the dissenting judgment held that the appeal “was dead on arrival” because the trial court did not decide that the PMP was not a registered political party under the Electoral Act.

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He also added that the trial court did not decide that the PMP lacked locus standi (legal standing) to challenge the NDC in court.

“Grounds of appeal cannot be raised on the imagination, instinct and opinion of a counsel,” Abang held, adding that, “There must be a decision before there can be an appeal”.

Besides, the minority judgment held that the appellant ought to have sought leave to appeal on fresh issues.

Faulting the appeal further, Abang observed that the NDC filed its appeal 53 days after the prescribed period had elapsed, revealing 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 of the trial court which was later reversed, was “statute-barred” in view of the Electoral Act.

“Statutory deadline cannot be extended or shifted. No shaking,” Abang held, adding that the trial court lacked jurisdiction ab initio to pass a judgment recognizing the NDC’s registration.

He said it was 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.

Abang said the suit filed at the Lokoja Division of the trial court, rather than the Abuja Division, amounted to forum shopping and did not augur well for democracy.

Abang dismissed the appeal for being incompetent and awarded N10 million against the appellant.

Going into the merit of the case, Justice Abang agreed with the lower court that the PMP’s right to fair hearing was breached.

He observed that the NDC suppressed facts, deceitfully concealed the interest of PMP in respect of its logo while refusing to join PMP as a necessary party in the proceedings.

He agreed that 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.

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At the Lokoja Division, as cited by the Court of Appeal, the NDC legal team had urged the court to determine whether the trial court rightly exercised jurisdiction by granting an order setting aside its earlier judgment.

The party also urged the court to hold that the trial court was wrong to consider the PMP a necessary party that had been denied a fair hearing.

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