By Ayomide otitoju
Justice Peter Lifu of the Federal High Court, Abuja, has imposed a fine of ₦500,000 each on the African Democratic Congress (ADC) and its National Secretary, Rauf Aregbesola, for filing applications seeking his withdrawal from a suit challenging the party’s leadership.
In a ruling delivered on Tuesday, Justice Lifu dismissed separate motions filed by the ADC and Aregbesola requesting that he recuse himself from the matter on grounds of alleged bias. The applications arose from a suit instituted by an aggrieved party member, Nafiu-Bala Gombe.
The judge held that the motions lacked merit and failed to present credible evidence of bias, describing them as an abuse of court process and an attempt to frustrate the Supreme Court’s directive for the accelerated hearing of the case.
According to Justice Lifu, the affidavits supporting the applications contained extraneous claims and did not establish any basis for allegations of judicial bias.
“The court has painstakingly considered all the processes and affidavit evidence before it and found no iota of bias,” the judge said, adding that allegations of bias are serious and must be supported by clear and convincing evidence.
He further described the applications as a “cheap attempt to blackmail and intimidate the court,” stressing that litigants cannot choose the judges who hear their cases.
“Matters are assigned by the administrative head of the court, and no party can dictate who should determine its case,” he said.
Justice Lifu warned that granting such applications without credible evidence could set a dangerous precedent and encourage litigants to seek the removal of judges whenever they fear an unfavourable outcome.
Consequently, he dismissed the applications and awarded costs of ₦500,000 each against the ADC and Aregbesola in favour of the plaintiff.
Earlier, counsel to ADC National Welfare Secretary Nkemakolam Ukandu, Kalu-Kalu Agu, had urged the court not to deliver the ruling, citing a judgment delivered by Justice Lifu a day earlier directing the deregistration of the ADC for allegedly failing to meet constitutional requirements.
However, counsel to Gombe, Robert Emukpoeruo (SAN), argued that Ukandu was not yet a party to the suit, noting that his application for joinder had not been granted by the court.
Other lawyers, including Realwan Okpanachi for Aregbesola, Suleiman Usman (SAN) for Senator David Mark, and Peter Oyewole for former ADC National Chairman Ralph Nwosu, also made submissions.
In his ruling, Justice Lifu clarified that the case before him was distinct from the matter in which judgment was delivered against the ADC on Monday.
The court subsequently adjourned proceedings until June 23 for the hearing of all pending applications.
Gombe is seeking an order restraining Senator David Mark, Aregbesola, and members of the party’s interim National Working Committee (NWC) from presenting themselves as leaders of the ADC. He contends that their emergence as party leaders violated provisions of the ADC constitution and the Electoral Act.
The suit lists the ADC, David Mark, Aregbesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu as defendants.
