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.
Reacting to the development, national leader of the NDC, Senator Seriake Dickson, declared that the opposition party will proceed with its campaigns and participate in the 2027 general elections, following the Court of Appeal’s decision.
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.
Justice Dashen had in a judgment delivered on December 10, 2025, ordered INEC to register the Nigeria Democratic Congress (NDC) as a political party.
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 recognised 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 recognising 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.”
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.
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 recognising 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.
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.
Meanwhile, Seriake Dickson, has declared that the opposition party will proceed with its campaigns and participate in the 2027 general elections, following the Court of Appeal’s decision setting aside the judgement of the Federal High Court in Lokoja which had ordered its deregistration.
Dickson, in a statement reacting to the judgement on Friday, said the appellate court’s decision 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.
He said, “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.”
The Court of Appeal, sitting in Abuja, had set aside the judgement of the Federal High Court, Lokoja, delivered by Justice Isah Dashen, which had purportedly ordered the deregistration of the NDC.
According to Dickson, the appellate judgement, delivered by the presiding Justice, Mohammed Danjuma, and read by Justice Hassan, upheld the party’s appeal against the Lokoja court judgement.
Reacting to the development, 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.
Dickson said the Federal High Court judgement had come as an unexpected setback to the party, which, he maintained, was 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, however, 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 also congratulated members and candidates of the party, while thanking Nigerians for what he described as 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.
With the Court of Appeal judgement, Dickson urged NDC members to put the legal dispute behind them and concentrate on the party’s preparations for the 2027 elections.
“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 what he described as attempts to influence the judiciary through improper means, insisting that 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.
The NDC leader added that the party would continue to rely on its political message and the support of Nigerians as it prepares for the 2027 elections.
“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 said.
Dickson expressed confidence in the party’s prospects while reiterating its commitment to what he described as 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,” he said.
He said, “The fight for Nigeria’s multiparty democracy continues and by the grace of God we will emerge victorious.”
The judgement comes as political parties and candidates intensify preparations for the 2027 general elections, with legal recognition and participation remaining central to the activities of emerging opposition platforms.
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