A legal practitioner, Ekene Aninze, has called on the National Judicial Council (NJC) to summon and sanction Justice Isah Dashen of the Federal High Court, Lokoja Division, over his decision to nullify an earlier judgment ordering the registration of the Nigeria Democratic Congress (NDC) as a political party.
Aninze made the call in a post on his X account on Saturday, following the Abuja Division of the Court of Appeal’s decision to overturn Dashen’s June 2026 ruling.
The appellate court had held that the Federal High Court erred by revisiting its earlier judgment of December 10, 2025, which directed the Independent National Electoral Commission (INEC) to register the NDC.
Aninze argued that the Court of Appeal’s decision had validated concerns that Justice Dashen exceeded his judicial authority by effectively reconsidering a decision already delivered by his court.
He urged the NJC to invite the judge to explain the circumstances surrounding the decision.
“Now that the Court of Appeal has outrightly sustained the reasoning of some of us that Justice Isah Dashen abused his judicial power when he sat as an appeal to his earlier ruling, wouldn’t it be the appropriate thing for the NJC to summon him to explain himself?” Aninze wrote.
He cited previous disciplinary actions taken against judges by the NJC, including the suspension of Justice A. O. Nwabunike of the Anambra State High Court for failing to follow the principle of stare decisis, or judicial precedent.
Aninze also referred to the suspension of Justice G. A. Aguma of the Rivers State High Court over his role in proceedings relating to a garnishee order, as well as the suspension of Justice Jane E. Inyang of the Court of Appeal over what the NJC considered inappropriate ex-parte orders.
He further cited the suspension of Justice Inyang Ekwo of the Federal High Court, Abuja, over what he described as a disregard for the foundation of fair hearing.
Against that background, Aninze said Justice Dashen should similarly be required to explain when a court becomes functus officio—a situation in which a court has completed its judicial duty and can no longer revisit the matter.
The controversy followed Dashen’s June 26, 2026 ruling in suit No. FHC/LKJ/CS/49/2025, in which he set aside the Federal High Court’s December 10, 2025 judgment directing INEC to register the NDC.
Dashen had held that the earlier judgment was constitutionally defective because necessary parties were not heard before the decision was delivered.
The ruling followed an application by the Peace Movement Party (PMP), which argued that it had a legal interest in the dispute and ought to have been joined in the proceedings.
The judge agreed that the PMP had established sufficient interest to be a party and held that the omission rendered the earlier proceedings null and void.
He also found that material facts had not been disclosed during the initial proceedings and ordered that the substantive suit be heard afresh, with INEC, PMP and the NDC joined as parties.
The NDC challenged the decision at the Court of Appeal, arguing that the Federal High Court had become functus officio after delivering its final judgment and could not reopen the matter through a fresh application.
In its Friday judgment, the Abuja Division of the Court of Appeal, in a two-member majority decision, set aside Dashen’s ruling and restored the earlier judgment directing INEC to register the NDC.
The appellate court reportedly held that the Federal High Court could not sit on appeal over its own judgment and described the subsequent proceedings as an abuse of judicial process.
The Court of Appeal also dismissed the dispute over the logo claimed by the PMP, which had featured in the basis of the Federal High Court’s decision.
Reacting to the appellate judgment, NDC National Leader, Henry Seriake Dickson, said the decision had restored the party’s status and its right to participate in the 2027 general elections.
Dickson said the appellate court had vindicated the NDC’s position that its registration remained valid.
“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,” he said.
He commended the appellate court for what he described as upholding judicial integrity and protecting multiparty participation in the country.
Dickson added that the party would now concentrate on 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.
Aninze, however, urged the NJC to examine the circumstances surrounding the Federal High Court’s decision, arguing that judges should not revisit matters after becoming functus officio.
“This idea of swinging to the tune of political actors by giving rulings without any solid foundational basis in law needs to stop for this nation to move forward,” he said.