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SAN faults Lokoja court’s reversal of NDC registration judgment

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Monday Ubani

A Senior Advocate of Nigeria (SAN) and policy analyst, Dr Monday Ubani, has criticised the recent decision of a High Court in Lokoja to set aside its earlier judgment directing the registration of the National Democratic Coalition (NDC) as a political party.

Ubani made his position known while responding to an opinion article by Charles Udeh published in The Whistler, in which the author applauded the court’s decision.

Udeh had argued that the earlier judgment was liable to be nullified because the Prominent Movement Party (PMP), whose logo was allegedly similar to that of the NDC, was not joined as a party to the suit.

He further maintained that the court’s decision was justified on the grounds of fair hearing, stressing that an interested party should not be bound by proceedings in which it was not represented.

However, Ubani disagreed with the position, faulting the legal basis for overturning the earlier judgment and raising concerns over the implications of the ruling.

A Senior Advocate of Nigeria and policy analyst, Dr Monday Ubani, has faulted the recent ruling by a Lokoja High Court
Setting aside its earlier judgment directing the registration of the National Democratic Coalition (NDC) as a political party.

Ubani, responding to an opinion written by Charles Udeh, which was published by The Whistler.
Udeh had, in the article, applauded the judgment of the Lokoja High Court.
According to Udeh, the earlier judgment was liable to be nullified because the Prominent Movement Party (PMP), whose logo was allegedly similar to that of the NDC, was not joined as a party to the proceedings.

He further contended that the decision was justified on grounds of fair hearing and the need to avoid prejudice to an interested party.

“The conclusion that the Lokoja Court was unquestionably right to revisit and nullify its earlier final judgment is, with respect, open to substantial legal challenge.

The first and perhaps most fundamental issue is the doctrine of functus officio. The law is settled that once a court has delivered a final judgment on the merits of a matter, it becomes functus officio and lacks jurisdiction to revisit the substance of that judgment except in very limited circumstances, such as correcting clerical mistakes, accidental slips, or where the judgment is shown to be a nullity.”

According to Ubani, in Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt. 109) 250, the Supreme Court emphatically held that a court cannot sit on appeal over its own final decision. Once judgment has been entered, the trial court’s jurisdiction over the matter is exhausted.

Ubani therefore sought clarity on whether the December 2025 judgment directing INEC to register the NDC was a final judgment on the merits.

He maintained that if it was, then the court could only revisit it if the judgment was shown to be a nullity. Mere disagreement with the decision or dissatisfaction by an affected third party cannot automatically revive the court’s jurisdiction.

“The proper avenue in such circumstances is ordinarily an appeal,” Ubani posited.

“The principal foundation of the argument supporting the court’s decision that PMP was not joined in the proceedings despite allegedly having an interest in the dispute concerning party logos.

“However, Nigerian procedural law has long rejected the proposition that every instance of non-joinder automatically renders proceedings a nullity.

Order 13 of the Federal High Court (Civil Procedure) Rules embodies the settled principle that no cause or matter shall be defeated merely by reason of misjoinder or non-joinder of parties. In Green v. Green (1987) 3 NWLR (Pt. 61) 480, the Supreme Court held that non-joinder does not necessarily invalidate proceedings where the court is otherwise able to effectively determine the issues before it. Likewise, in Peenok Investments Ltd. v. Hotel Presidential Ltd. (1982) 12 SC 1, the Supreme Court emphasised that the court’s focus should be on whether the issues can be effectively and completely determined between the parties before it, “Ubani stated further.

To the legal icon, the relevant inquiry, therefore, is not simply whether PMP ought to have been joined. “The real question is whether the absence of PMP deprived the court of jurisdiction or made it impossible for the court to adjudicate upon the dispute between NDC and INEC.

“If the primary issue before the court was whether INEC unlawfully refused registration of NDC, then it is arguable that the dispute could be resolved without necessarily making PMP a party, ” he stated furt

Ubani was of the view that there is a crucial distinction in law between a judgment that is wrong and a judgment that is a nullity.

According to him, “an erroneous judgment remains binding and enforceable until set aside on appeal. A null judgment, on the other hand, is void ab initio because the court lacked jurisdiction or because there was a fundamental defect that rendered the proceedings incompetent.

“The Supreme Court has consistently maintained this distinction. In First Bank of Nigeria Plc v. TSA Industries Ltd. (2010) 15 NWLR (Pt. 1216) 247, the Court reaffirmed that a final judgment remains valid and binding unless overturned by a competent appellate court.

Consequently, even if one assumes that the Lokoja Court erred in failing to join PMP, such an error would not automatically transform the judgment into a nullity. At best, it may constitute a ground of appeal.

“Those who support the setting aside of the judgment invoke Section 36 of the Constitution and the right to a fair hearing. Fair hearing is undoubtedly a cardinal constitutional principle.

However, it must be balanced against another equally important principle, which is the finality of litigation.

“The administration of justice would descend into uncertainty if every person who later claims to be affected by a judgment could return to the same court and invite it to reopen concluded proceedings. The Supreme Court has repeatedly warned against such an approach because it undermines public confidence in judicial decisions and erodes the certainty that final judgments are intended to provide. Indeed, the law’s insistence on appeals as the proper corrective mechanism is itself designed to preserve both fairness and finality.
“Another issue deserving consideration is whether PMP’s grievance should have been ventilated through appellate proceedings rather than through an application inviting the trial court to set aside its own judgment.

“The Supreme Court has recognised that a person directly affected by a judgment may, in exceptional circumstances, apply to have it set aside. However, such relief is ordinarily reserved for situations where the judgment is shown to be fundamentally defective or void. Authorities such as Obimonure v. Erinosho (1966) 1 All NLR 250 and Alor v. Ngene (2007) 17 NWLR (Pt. 1062) 163 demonstrate that such intervention remains exceptional and not routine.
The burden, therefore, rested heavily on the applicant to establish not merely prejudice, but a jurisdictional defect sufficient to render the earlier judgment a nullity.

“Beyond the strict legal arguments surrounding functus officio, non-joinder, and fair hearing, there is an equally important consideration which the court ought to have taken into account before setting aside its earlier judgment: the spirit and objectives of Nigeria’s electoral jurisprudence.

“The Electoral Act was enacted not merely to regulate elections but also to promote political participation, electoral certainty, democratic inclusiveness, and stability in the electoral process.
‘Courts have consistently recognised that election-related disputes should be resolved in a manner that advances, rather than undermines, democratic governance.

“At the time the judgment was set aside, the National Democratic Coalition (NDC) had already acquired legal recognition pursuant to the court’s earlier judgment and INEC’s consequent compliance therewith. The party had reportedly undertaken nationwide membership registration, submitted its membership register to INEC, established party structures across the country, conducted congresses and primaries, and produced candidates for forthcoming off-cycle elections as well as preparations for the 2027 general elections.

“These developments were neither speculative nor contingent. They represented accrued rights and legitimate expectations arising from a subsisting judgment of a competent court and actions taken in reliance upon that judgment,” said Ubani.

He stated further that the court ought to have considered the far-reaching consequences of its decision on thousands of party members, aspirants, candidates, supporters, and stakeholders who had acted in good faith on the strength of the earlier judgment. The law does not operate in a vacuum. Judicial decisions, particularly in electoral matters, must take account of their practical effect on democratic institutions and political stability.

“A situation where a political party, having been registered pursuant to a court order, has gone ahead to organise itself, recruit members, conduct primaries and produce candidates, only for the same court to subsequently nullify the foundation upon which those activities were undertaken, creates uncertainty and instability in the electoral process.”

He warned that such an outcome risks disenfranchising not only the party but also the citizens who have chosen to associate with it and contest elections under its platform.

“It is noteworthy that the applicant seeking the setting aside of the judgment had not acquired a comparable legal status or democratic stake in the process. Yet the court appeared prepared to sacrifice the accrued interests of an already registered political party and its supporters in favour of a party that INEC is yet to register. Whether this outcome accords with substantial justice is a legitimate question.

“The Supreme Court has repeatedly emphasised that the law should not be interpreted in a manner that defeats substantial justice or produces manifest absurdity. Electoral jurisprudence, in particular, should encourage certainty, predictability, and confidence in democratic institutions.

“The implications of this ruling extend beyond the NDC. If allowed to stand as a precedent, it may create a dangerous situation where political parties, candidates, and voters can no longer confidently rely on final judicial pronouncements. Such uncertainty is inimical to democratic development and may discourage political participation by emerging political groups seeking lawful access to the electoral space.

“With tremendous respect to the learned trial Judge, the decision appears to have paid insufficient attention to the broader democratic consequences of setting aside a judgment that had already produced extensive legal, political, and electoral consequences. Courts must remain vigilant not only in protecting procedural fairness but also in safeguarding the stability, certainty, and integrity of the democratic process.

“In a constitutional democracy that is still evolving, judicial decisions should strengthen democratic institutions and public confidence in the electoral system. Any decision capable of unsettling an entire political party, its candidates, and its supporters after substantial reliance has been placed on a subsisting judgment must be approached with the utmost caution. Failure to do so risks creating uncertainty that is not only legally problematic but potentially injurious to the health of Nigeria’s democracy, ” he said.

He warned that the debate surrounding the Lokoja Court’s decision was far from settled.

According to him, “while concerns about fair hearing and procedural justice are legitimate, it is respectfully submitted that the opposing view overstates the legal consequences of non-joinder and understates the significance of the doctrine of functus officio.

“The more compelling legal position appears to be that if the earlier judgment was indeed a final judgment on the merits, which I believe it is, the trial court had exhausted its jurisdiction and could not ordinarily reopen the matter except upon proof of a fundamental nullity which in the present circumstance does not exist.

“Equally important is the fact that the setting aside of the judgment appears not to have sufficiently accounted for the practical realities created by the earlier decision. By the time the judgment was nullified, a political party had already emerged through legal recognition of INEC, mobilised members nationwide, conducted congresses and primaries, and produced candidates in preparation for off-cycle elections and the 2027 general elections. These are not insignificant developments that can be ignored without profound consequences for democratic participation and electoral certainty.

“Whether the failure to join PMP reached the threshold of a jurisdictional defect capable of nullifying the earlier judgment remains a question that will ultimately require authoritative determination by the Court of Appeal or, eventually, the Supreme Court.

“Until then, it is difficult to conclude with certainty that the Lokoja Court was right to set aside its own final judgment. There are substantial legal grounds for the contrary view. More importantly, there are compelling constitutional and democratic considerations which suggest that the court ought to have exercised greater restraint before making a decision capable of unsettling accrued rights, legitimate expectations, and the political aspirations of thousands of Nigerians who had acted in reliance on a subsisting judgment of a competent court.

“The law must protect fair hearing, but it must also protect certainty, stability, and democratic participation. A balance that sacrifices the latter at the altar of an expansive interpretation of non-joinder risks creating a precedent that may ultimately weaken rather than strengthen Nigeria’s constitutional democracy,” Ubani concluded.

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Technocrats endorse Lagos Deputy Gov Hamzat, roll out AI, health agenda

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Dr Isaac Adanikeh,CEO Isaac John Business Solutions Ltd,Dr Mike Oladunjoye Egbayelo, Convener Dr Tim Akano MD New Horizon Ltd and Dr Adeleke Adedeji, Chief Operating Officer, Henry Karl Company Ltd

A coalition of professionals under the aegis of Lagos Technocrats for Hamzat has endorsed Lagos State Deputy Governor, Dr Kadri Obafemi Hamzat, for the 2027 governorship election, describing him as the most competent candidate to drive the state’s next phase of development.

The group announced its position on Tuesday during a press conference in Lagos.

It also unveiled a series of grassroots initiatives, including artificial intelligence training, teacher development, free healthcare outreaches, and youth empowerment schemes to support its vision of technology-driven governance.

Speaking at the event, the Convener of the group, Dr Mike Oladunjoye Egbayelo, stated that Lagos requires a leader whose track record extends beyond politics to core competence and measurable innovation.

​Egbayelo, who is the Chief Executive Officer of Excellerate Business School, noted that the coalition comprises professionals from engineering, healthcare, tech, public policy, and academia.

He revealed that the group will embark on statewide engagements with professional bodies, market leaders, artisans, and students to build support for Hamzat.

​The coalition has set a target to register 50,000 technocrats across Lagos via an online portal. Concurrently, it is launching an “Upskill 10,000″ initiative to train residents in AI, data analytics, solar panel installation, leather works, and garment making.

​”We believe governance should increasingly be driven by innovation, strategic planning, technology, transparency, and measurable outcomes. We also plan to train 1,000 teachers in modern pedagogy, organise free medical missions across the state’s three senatorial districts, and introduce a blindness prevention programme, ” Egbayelo said.

Co-convener Dr Timi Akano, Managing Director of New Horizons Ltd, added that Lagos has the potential to become Africa’s leading AI hub if deliberate investments are made in digital infrastructure.

​Addressing why technocrats—who traditionally stay out of politics—are getting involved, Akano pointed to shifting global economic realities and stricter international migration barriers.

He argued that building a technology-driven local economy is the most sustainable way to create opportunities for young Nigerians and reduce the pressure to emigrate (the Japa phenomenon).

​Egbayelo dismissed concerns about funding or potential fractionalisation along ethnic and religious lines, asserting that the coalition is self-funded through personal contributions and built strictly on professional values rather than political patronage.

​The endorsement comes as political consultations ahead of the 2027 Lagos governorship election gather momentum, with various stakeholder groups beginning to align behind key frontrunners.

 

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Osun 2026:APC will triumph-Babayemi

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Oyebamiji

Director General of the All Progressives Congress (APC) Governorship Campaign Council for Osun West, Omooba Dotun Babayemi, has expressed optimism that the party will coast home to victory in the coming governorship and the 2027 presidential elections in the state.

Babayemi also appealed to members, leaders, and stakeholders of different political parties in the state to maintain peace by avoiding violence that could lead to loss of life and destruction of property.

The party chieftain made these pleas while speaking separately at about a 20-kilometre ‘Walk to Win’ rally organised to shore up the support base of the gubernatorial candidate of the APC, Asiwaju Bola Oyebamiji, popularly called AMBO, at Ayedade and Iwo local governments, held in Gbongan and Iwo, respectively.

At the two council headquarters, thousands of members and non-members of the APC thronged out, chanting various slogans of the party while the exercise lasted.

“Judging by the enthusiasm being shown by the people of Osun West, especially as reflected in the ‘Walk to Win’ rallies held so far in Gbongan and Iwo, respectively, where thousands of people trooped out, our party will win convincingly at the governorship and the presidential elections,” he declared.

The Director General explained that the ‘Walk to Win’ rallies were held to sensitise the people of Gbongan and Iwo in Ayedade and Iwo council areas about the need to vote for the APC at the governorship and presidential polls.

“We are combing everywhere in the ten local governments which make up our senatorial district. We are leaving no stone unturned in this regard to make our success at the polls a sure bet. We are surely touching other areas in the zone,” Babayemi emphasised.

According to him, the APC governorship candidate, Oyebamiji, was miles ahead of other contenders in the state because of his people-centred programmes capable of transforming the state if given the mandate.

“The massive turnout during the walk to win rallies held at the two council areas of the state was impressive and showed that the APC is a popular party. Also, it is equally an avenue to explain the prosperity embedded in the agenda of Oyebamiji to the people,” he added.

However, the APC chieftain appealed to political parties and residents of the state to shun violence, remain law-abiding, and uphold peace before, during, and after the governorship election.

“Violence will not do anyone any good. The aftermath of its cost could be beyond comprehension. Regardless of our political differences, we remain members of the same family because Osun State is our collective and common heritage. We should not spill blood or destroy property because of politics, as elections will come and go,” Babayemi stressed.

At Gbongan, where the train of the 10-kilometre rally kicked off from the APC Secretariat in Araromi, it moved through Adenuga Palace, Oke-Ofa, Ayepe, Oke Church, and Olufi Market, before terminating at the residence of Babayemi.

Ex-Police Affairs Minister, Alhaji Jelili Adesiyan, Elder Ayo Afolabi, Hon.Taiwo Oluga, Prince Adelani Ajanaku and other prominent party leaders who partook in the event.

Also at Iwo, Babayemi and leaders of the party such as Alhaji Liad Tella, Engr Olasunkanmi Olaniyi, Hon Gafar Akintayo Amere, party executive and host of others, equally graced the occasion attended by many people, which was navigated through Adeeke Junction, main town, ending up at Odoori Market.

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AMG, Tinubu support groups stage grand reception for Ondo APC national assembly candidates

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AMG, and other support groups stage grand reception for Ondo APC national assembly candidates

*Asagunla hails Tinubu, NWC, BTO, urges candidates to justify party’s confidence

The political atmosphere in Ondo State came alive on Friday as the Asiwaju Mandate Group (AMG) led an unprecedented coalition of President Bola Ahmed Tinubu support groups to stage a grand reception for the nine All Progressives Congress (APC) candidates for the House of Representatives ahead of the 2027 general elections.

The candidates arrived at the Akure Airport to a rousing welcome by thousands of party faithful, supporters and members of various pro-Tinubu organisations, who converged on the airport in a colourful display of solidarity and unity.

Among the groups that participated in the reception were the Asiwaju Mandate Group (AMG), AMG Women Wing, Grassroots Movement for Tinubu (GMT), BTO4PBAT, PBAT Ambassadors, Renewed Hope Volunteers, Progressive Women for Tinubu, Tinubu Support Vanguard, alongside several other grassroots political organisations drawn from the eighteen local government areas of the State.

The excitement soon spilt onto the streets of Akure as the supporters escorted the candidates in a massive motorcade from the airport through major roads in the State capital before terminating at the Fiwasaye Junction, where enthusiastic party members and residents thronged both sides of the roads to welcome the APC flag bearers.

The candidates, comprising Hon. Dr. Oluwatimehin Adeleye of Owo/Ose Federal Constituency; Hon. Okunrinmi John Odimayo of Okitipupa/Irele Federal Constituency; Hon. Festus Ayodele Adefiranye of Ile-Oluji/Oke-Igbo/Odigbo Federal Constituency; Hon. Dr. Michael Akintomide Ajilo of Ondo East/Ondo West Federal Constituency; Hon. Adegboyega Adefarati of Akoko South East/Akoko South West Federal Constituency; Hon. Donald Ojogo of Ilaje/Ese-Odo Federal Constituency; Hon. Ifeoluwa Ehindero of Akoko North East/Akoko North West Federal Constituency; Hon. Festus Olarewaju of Idanre/Ifedore Federal Constituency; and Hon. Omowunmi Olatunji Ohwovoriole of Akure North/Akure South Federal Constituency, later departed for their respective federal constituencies amid cheers from supporters and party faithful.

Speaking during the reception, the Director-General of the Asiwaju Mandate Group, Asiwaju Olumuyiwa Asagunla, described the emergence of the candidates as a testament to the confidence reposed in them by the APC and expressed optimism that they would deliver quality representation to their constituents.

He said the overwhelming turnout recorded at the airport and throughout the motorcade was a reflection of the growing acceptance of the Renewed Hope Agenda of President Bola Ahmed Tinubu and the continued confidence of the people in his progressive leadership.

“The massive reception witnessed today is a clear message that the people of Ondo State remain firmly behind President Bola Ahmed Tinubu and the progressive ideals of our great party. It also reflects the unity within our great party and the widespread acceptance already enjoyed by our candidates across the State.

“I equally commend the National Working Committee (NWC) of our great party for conducting a transparent and credible process that produced candidates of proven capacity and integrity. Their commitment to internal democracy has further strengthened the confidence of party members and reaffirmed the APC’s position as a party founded on fairness, justice and due process.

“I must also specially appreciate our indefatigable leader and Minister of Interior, Dr Olubunmi Tunji-Ojo, whose leadership has continued to energise the progressive movement in Ondo State. His political dexterity, commitment to party unity and unwavering loyalty to President Bola Ahmed Tinubu have remained a source of strength for our party and an inspiration to the younger generation of leaders.

“Our candidates should see their emergence not as a personal achievement but as a call to greater service. They must justify the confidence reposed in them by the party through humility, hard work, accessibility and quality representation for the people they seek to serve,” Asagunla said.

He assured that the Asiwaju Mandate Group and the various Tinubu support groups across the State would continue to mobilise massively in support of the APC and work tirelessly to ensure overwhelming victories for all the party’s candidates in the 2027 general elections.t and global standing.

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