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Court inflicts fresh wound on ADC
The Federal High Court in Abuja has fined the African Democratic Congress (ADC) and its National Secretary, Rauf Aregbesola, N1 million over applications seeking the recusal of Justice Peter Lifu from an ongoing leadership dispute involving the party.
Justice Lifu, in a ruling delivered on Tuesday, dismissed separate motions filed by the ADC and Aregbesola requesting that he withdraw from hearing the suit instituted by aggrieved party member, Nafiu-Bala Gombe. The applicants had alleged bias on the part of the judge.
The court, however, held that the applications lacked merit and were unsupported by credible evidence.
According to Justice Lifu, the motions appeared to be an attempt to frustrate the Supreme Court’s directive for the accelerated hearing of the matter.
“The court has painstakingly considered all three processes by parties and by affidavit evidence; there is no iota of bias found,” the judge said.
“There is no element of bias being painted by the applicants as alleged.”
He noted that the applications for recusal were filed even before the court had assumed jurisdiction over the substantive suit.
“Where then is the element of bias in the motions for recusal?” he queried.
Describing the applications as an abuse of court process, Justice Lifu said allegations of bias were serious claims that must be supported by clear and convincing evidence.
“The law is settled that allegations of bias are grave allegations which are not made lightly. Whoever alleges bias must provide clear evidence,” he stated.
“It becomes apparent that the applicants have failed completely to prove the allegations. It is a cheap attempt to blackmail and intimidate the court. As I said, nobody can intimidate the court.”
The judge cautioned against allowing litigants to influence the assignment of cases to judges through unsubstantiated allegations.
He described the applications as a form of “forum shopping,” alleging that the applicants sought to have the matter reassigned to a judge they considered more favourable.
“Parties cannot choose which court they should be heard. Matters are assigned to judges by the administrative head of the court and no applicant can choose who will hear and determine their matters,” Justice Lifu said.
“A judge must be firm in doing justice and not dance to the whims and caprices of counsel. No court worth its salt should allow this.”
He further warned that granting such applications without evidence could establish a dangerous precedent that lawyers might exploit whenever they perceived that a case might not be decided in their favour.
“On the whole, I found no merit in the application and it is hereby dismissed with N500,000 cost each against the applicants and in favour of the plaintiff,” the judge ruled.
Earlier in the proceedings, counsel to ADC National Welfare Secretary, Nkemakolam Ukandu, urged the court not to deliver the ruling, citing Justice Lifu’s judgment delivered on Monday directing the Independent National Electoral Commission (INEC) to deregister the ADC for allegedly failing to meet constitutional requirements.
The lawyer, Kalu-Kalu Agu, argued that the party had effectively ceased to exist in the eyes of the law following the judgment.
“In your judgment, this court ordered INEC to deregister the 1st defendant. So in the eye of the law, the 1st defendant is not existing,” Agu submitted.
Justice Lifu questioned Agu’s standing in the matter, asking whether he had formally become a party to the suit.
Counsel to the plaintiff, Robert Emukpoeruo, SAN, opposed Agu’s submission, maintaining that Ukandu had not yet been joined as a party in the case and that the earlier judgment had no bearing on the proceedings before the court.
Other lawyers in the matter, including Realwan Okpanachi, representing Aregbesola; Suleiman Usman, SAN, counsel to former Senate President David Mark; and Peter Oyewole, representing former ADC National Chairman Ralph Nwosu, also addressed the court.
In his ruling, Justice Lifu held that the case before him was separate and distinct from the matter in which judgment had been delivered against the ADC on Monday.
The case was subsequently adjourned until June 23 for the hearing of all pending applications.
Gombe, the plaintiff, is seeking an order restraining former Senate President David Mark, Aregbesola and members of the party’s interim National Working Committee from presenting themselves as leaders of the ADC.
He contends that the emergence of Mark, Aregbesola and other members of the interim leadership violated the provisions of the party’s constitution and the Electoral Act.
The suit, marked FHC/ABJ/CS/1819/2025, lists the ADC, David Mark, Rauf Aregbesola, INEC and former ADC National Chairman Ralph Nwosu as first to fifth defendants, respectively. Nwosu had stepped down from his position to pave the way for Mark’s emergence as the party’s leader.