Reported by: Ijeoma G | Edited by: L. Stone
The Court of Appeal in Abuja has set aside a Federal High Court judgment that had effectively removed the Nigeria Democratic Congress (NDC) from the register of recognised political parties, restoring the party’s registration and removing an immediate legal obstacle to its participation in Nigeria’s 2027 general elections.
The judgment was delivered on Friday, September 18, 2026, by a three-member panel of the Court of Appeal sitting in Abuja in an appeal brought by the NDC against the Federal High Court in Lokoja, Kogi State. Justices Mohammed Danjuma and Muslim Sule Hassan formed the majority that allowed the appeal, while Justice Okon Abang dissented and upheld the lower court’s position. The dispute involved the NDC, Independent National Electoral Commission (INEC), Peace Movement Party (PMP), and the party’s presidential candidate, Peter Obi, whose 2027 bid is being conducted on the NDC platform.
The appellate ruling follows conflicting judgments over the NDC’s legal status. On December 10, 2025, the Federal High Court in Lokoja had ordered INEC to register the NDC as a political party after litigation concerning the commission’s earlier refusal to recognise it. INEC subsequently recognised the party and issued its registration certificate, allowing it to operate as a registered political organisation.
The legal dispute returned to the Lokoja court after the Peace Movement Party challenged the process, arguing that it had an interest in the proceedings but had not been joined in the original case. The PMP also raised a dispute concerning the party symbol associated with the NDC. Justice Isah Dashen subsequently set aside the earlier December 10 judgment and directed that the matter be heard afresh with all relevant parties properly included.
That decision, delivered on June 26, 2026, created uncertainty over the NDC’s legal status and its preparations for the 2027 elections. The party rejected the ruling and maintained that the trial court had no jurisdiction to reopen its own final judgment. The NDC immediately instructed its legal team to challenge the decision before the Court of Appeal.
The central issue before the appellate court was whether the Federal High Court was entitled to revisit its earlier final judgment and reverse its legal effect through proceedings initiated by the PMP. The Court of Appeal majority concluded that the lower court had improperly assumed an appellate role over its own previous decision.
According to the appellate ruling, the Federal High Court had abused its judicial power and the hierarchy of the courts by effectively sitting in appeal over its own December 2025 judgment. The majority consequently set aside the Lokoja decision. The appellate court also rejected the contention concerning the NDC’s logo that had formed part of the basis for the challenge.
The three-member panel was not unanimous. Justice Okon Abang delivered a dissenting opinion, maintaining that the Federal High Court had acted consistently with principles of justice and fair hearing. His dissent records a significant disagreement within the appellate panel over the legal issues surrounding the registration dispute.
The NDC welcomed the ruling through its national leader, former Bayelsa State governor and serving senator Seriake Dickson. Dickson said the decision affirmed the party’s continued legal existence and described it as significant for multiparty participation. He said the party’s registration remained valid and that its candidates would continue preparations for the 2027 elections.
The ruling is particularly significant for Peter Obi, who is the NDC’s presidential candidate for the 2027 election. Obi had previously been associated with the Labour Party and later the African Democratic Congress before becoming the NDC’s presidential standard-bearer. His nomination placed the party’s registration dispute directly within the wider preparations for the next general election.
The June ruling followed an application by the PMP, which maintained that its interests had been affected because it was not a party to the original proceedings. The Federal High Court accepted the argument that parties with vested interests should have been given an opportunity to participate before an order affecting registration was made. It therefore directed a return to the earlier position pending a fresh determination involving the relevant parties.
The Court of Appeal majority has now reversed that outcome. Its decision means the immediate legal effect of the June judgment no longer stands, and the NDC’s registration has been restored at the appellate level. The decision also removes, for the moment, the uncertainty that had surrounded the party’s ability to operate as a registered political party and prepare candidates for the 2027 polls.
The latest ruling does not determine the outcome of the 2027 election or establish the level of support any political party or candidate will receive from voters. It addresses the legal status of the NDC following the Federal High Court’s June decision. Political parties and candidates will still have to meet applicable electoral requirements and compete under the rules governing the 2027 elections.
For the NDC, the immediate consequence is that its leadership can continue electoral preparations without the June deregistration judgment hanging over its registration. For INEC, the appellate decision provides a judicial determination on the validity of the recognition it had previously granted the party. For the other parties involved, including the PMP, the judgment clarifies the position taken by the majority of the Court of Appeal, while the dissenting opinion records a contrary judicial view.
As of Friday, September 18, the Court of Appeal’s majority ruling stands as the latest judicial decision on the NDC’s registration dispute. The judgment has overturned the Federal High Court decision in Lokoja and restored the party’s recognition, while the dissenting opinion provides a different interpretation of the lower court’s handling of the case. The immediate effect of Friday’s decision is that the NDC remains a recognised political party as preparations for the 2027 general elections continue.
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