The NDC case and the dangerous precedent for democracy, by Ejiro Ofoye

The decision of the Federal High Court sitting in Lokoja to set aside its earlier judgment directing the registration of the Nigeria Democratic Congress (NDC) has raised far-reaching legal and political questions that go beyond the fate of a single political party. At the heart of the controversy lies a fundamental question of law: can a judge, having delivered a final judgment, subsequently turn around and set aside that same judgment?

For centuries, the answer has been largely settled by the doctrine of functus officio. Once a court has heard a matter and delivered its final judgment, it is deemed to have exhausted its jurisdiction over that dispute. The court has performed its function. Its assignment is complete. Any party dissatisfied with the decision is expected to proceed to the Court of Appeal and not return to the same judge asking him to review, reverse, or nullify his own judgment.

This principle is not a technical legal ritual. It is one of the pillars upon which judicial certainty rests. Without it, there would be no end to litigation. Every losing party would simply return to the same court hoping for a different outcome.

Nigerian courts have consistently defended this principle. In Arogundade Samuel Musa v. Obayemi Toyin & Ors, the Court of Appeal reaffirmed that once a court delivers a final judgment, it becomes functus officio and lacks the power to revisit the merits of the matter. The Supreme Court has repeatedly held the same position in a long line of authorities. The law is clear that a judge cannot sit on appeal over his own decision.

Indeed, one of the most celebrated judicial pronouncements on the issue came from the Supreme Court in Adegoke Motors Ltd v. Dr. Adesanya, where the apex court emphasized that litigation must have an end and that courts must guard against actions capable of undermining the finality of judgments.

That is why the Lokoja decision has generated so much concern among legal practitioners and political observers. The original judgment directing INEC to register the NDC was a final judgment. Once that judgment was delivered, many expected that any challenge would proceed through the appellate process. Instead, the same court was invited to revisit its own decision.

Supporters of the ruling argue that the case falls within one of the recognized exceptions to the doctrine of functus officio. The argument is that a party allegedly affected by the judgment was not joined in the proceedings and was therefore denied fair hearing. Nigerian law recognizes that a judgment obtained in breach of fair hearing may be declared a nullity. If a judgment is truly a nullity, a court retains limited powers to set it aside.

However, that argument is precisely what makes the matter controversial. The question many lawyers are asking is whether the circumstances were sufficiently exceptional to justify reopening a matter that had already been concluded. If every person claiming to be affected by a judgment can return to the same court months later seeking to overturn it, the doctrine of functus officio would become meaningless.

The danger is obvious. Judicial certainty would be replaced by judicial uncertainty. Final judgments would become provisional opinions. Political actors would continue litigating until they secured a favourable outcome. The authority of the courts would gradually erode.

The Nigerian judiciary has previously demonstrated its determination to protect the finality of its decisions. In several cases, courts have not only dismissed attempts to reopen concluded matters but have also imposed heavy costs on lawyers and litigants who sought to abuse judicial processes. In one notable instance before the Supreme Court, counsel who attempted to relitigate issues already settled by the apex court were penalized with substantial costs running into millions of naira. The message was unmistakable: the courts will not permit parties to endlessly recycle concluded disputes.

Beyond the legal arguments lies a more troubling political question. Whether rightly or wrongly, the Lokoja ruling has created the perception that an opposition political party is being subjected to unusual legal obstacles. Perception is important in a democracy. A judicial decision may be legally defensible and yet still provoke public concern if its practical effect appears to weaken political competition.

There is presently no publicly available evidence that the ruling was influenced by the government or the ruling party. Nevertheless, the timing and consequences of the decision have naturally generated public suspicion. Nigeria’s democracy is strongest when citizens have confidence that political contests are determined by voters and not by procedural manoeuvres.

History teaches that democracy flourishes where opposition parties are allowed to organize, campaign, and compete freely. It weakens when institutional actions, whether deliberate or accidental, create the impression that the political playing field is being narrowed.

This is why the NDC matter is bigger than the NDC itself. It touches on judicial independence, political pluralism, electoral competition, and public confidence in democratic institutions. The judiciary must remain above suspicion because it is often the last line of defence for constitutional democracy.

Ultimately, the final word on this controversy will most likely come from the appellate courts. They will determine whether the Lokoja court acted within one of the recognized exceptions to the doctrine of functus officio or whether the matter ought to have been left for appellate review.

Until then, the case serves as a reminder of an enduring truth: the rule of law depends not only on the correctness of judicial decisions but also on consistency in the application of legal principles. Once courts begin to depart from settled doctrines without compelling justification, uncertainty follows. And where uncertainty thrives, public confidence suffers.

The doctrine of functus officio exists for a reason. It protects the integrity of the judicial process, preserves the finality of judgments, and ensures that courts remain arbiters of disputes rather than arenas for endless legal battles. As Nigerians watch the NDC case unfold, many will hope that whatever the eventual outcome, it strengthens rather than diminishes faith in the judiciary and in the democratic process itself.

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