₦airaland Forum

There seems to be some misunderstanding regarding the recent court decision concerning the Nigeria Democratic Congress (NDC). Many people are asking whether a Federal High Court in Lokoja has the legal power to reverse a judgment that earlier ordered INEC to register the party.

My answer is yes, under certain circumstances.

First, it is important to note that this is not a State High Court in Lokoja. It is the Federal High Court sitting in Lokoja, which has jurisdiction over matters involving INEC, political parties, and federal agencies.

Secondly, a court generally cannot sit on appeal over its own judgment. However, Nigerian law allows a court to set aside its own judgment where:

There was denial of fair hearing.

A necessary party was excluded from the proceedings.

The judgment was obtained through concealment of material facts.

The court was misled or lacked relevant information.


From available reports, the Peace Movement Party (PMP) claimed ownership of the disputed logo and argued that it was not joined in the original suit. If a party whose rights may be affected by a judgment was excluded, the court can legally set aside the judgment and order a fresh hearing.

This means the recent decision is not necessarily a final deregistration of NDC. Rather, the earlier judgment directing INEC to register the party has been vacated pending a fresh hearing involving all interested parties.

The legal implications are:

1. The basis upon which INEC registered NDC is temporarily affected.


2. The matter returns to court for proper hearing.


3. NDC still has the right to defend its position.


4. The party may appeal the decision to the Court of Appeal.


5. The final status of NDC will depend on the outcome of the fresh hearing.



In my view, the issue is not whether the Federal High Court has jurisdiction—it clearly does. The real issue is whether the earlier judgment violated the constitutional principle of fair hearing by excluding an interested party.

The case is therefore far from over, and the final legal position of NDC will only be determined after the fresh hearing or any appeal that may follow.

What is your view? Did the court protect the principle of fair hearing, or is this an attempt to frustrate the emergence of a new political party?

The ruling by the federal court in Ilorin is in order but the decision is insensitive.

What should then happen to all the aspirants contesting under NDC¿

helinues:
The ruling by the federal court in Ilorin is in order but the decision is insensitive.

What should then happen to all the aspirants contesting under NDC¿

All the aspirants knew how the party got registered.
They layed their own bed.
No serious politician would jump into a party whose registration was by court order.

They didn't meet INEC requirements and the aspirants are not ignorant of that.
This is not the only case they have.
The ADA is also in court the challenge the NDC registration