Human rights lawyer and former Chairman of the National Human Rights Commission, Prof. Chidi Anselm Odinkalu, has raised questions over the ruling of the Federal High Court sitting in Lokoja in the case concerning the registration and logo of the Nigeria Democratic Congress.
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Odinkalu, in a post on X, said he had read the 18-page ruling delivered by Justice Isa Dashen and was concerned about the manner in which the court handled the application before it.
According to him, the application filed before the court contained two prayers. The first was a request for extension of time within which the applicants could apply to set aside the judgment earlier delivered on December 10, 2025. The second prayer was for an order actually setting aside that judgment.
Odinkalu argued that the second prayer depended on the first being granted, meaning the court ought to have first determined whether to extend time before considering whether to set aside the judgment.
He, however, said the court appeared to have proceeded to grant the second prayer without first determining the application for extension of time.
“The application before the court asked for two orders. The first was an order for an extension of time within which the applicants could apply to set aside the judgment of 10 Dec 2025. The second was an order setting aside the judgment. The second prayer was contingent on the first being granted,” he wrote.
Odinkalu added that, in his view, the court “proceeded to consider and quickly grant the second prayer without at all considering the first.”
“In other words, the court did not consider the question whether or not to extend the time within which the applicants could apply for the order that he issued with such alacrity and perfunctoriness,” he stated.
He queried the legal basis of the order, asking: “Without considering that application, to whom did the court grant the order?”
The Federal High Court in Lokoja had, in its ruling, set aside its December 10, 2025 judgment in Suit No. FHC/LKJ/CS/49/2025 and ordered the matter to revert to the stage it occupied immediately before the judgment was delivered.
The court held that the affected party/applicant had established a direct and legally recognisable interest in the subject matter and was not afforded an opportunity to participate in proceedings whose outcome could affect its interest.
Justice Dashen further held that the circumstances of the case required that all affected parties be heard, citing the need to preserve fair hearing and prevent a miscarriage of justice.
Reacting, however, Odinkalu suggested that the procedure adopted by the court raised serious questions, particularly because the application for extension of time was not first resolved before the substantive order was granted.
He also made a sarcastic reference to the name of the presiding judge, writing: “I am struck that the first four letters of the name of the presiding judge spell ‘dash’. Was the name of the presiding judge a predictor of what transpired?”
The ruling has continued to generate debate among lawyers and political actors, especially over whether a court of coordinate jurisdiction can set aside its earlier final judgment in the manner done in the case.
The matter is expected to proceed to further legal challenge as aggrieved parties have indicated their intention to test the ruling before the appellate court.
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