THE FEDERAL High Court in Abuja on Tuesday awarded a fine of one million naira against the African Democratic Congress (ADC) and its embattled National Secretary, Ogbeni Rauf Aregbesola, over the application seeking the judge’s withdrawal from the suit.
The ADC and Aregbesola had, in separate motions, asked Justice Peter Lifu to recuse himself from the suit filed by an aggrieved party member, Nafiu-Bala Gombe, citing alleged bias.
Delivering a ruling on Tuesday, Justice Lifu held that the motions lacked merit and devoid of credible evidence aimed at frustrating the order of the Supreme Court for accelerated hearing of the case.
The judge held that the reasons advanced in the affidavits by the applicants were extraneous. According to him, the court has painstakingly considered all three processes by parties and by affidavit evidence, there is no iota of bias found.
“There is no element of bias being painted by the applicants as alleged,” the judge held as he recalled that the motions for recusal were filed, even when the court was yet to assumed jurisdictions on the case.
“Where then is the element of bias in the motions for recusal?” he asked.
The judge, who described the applications as “an abuse of court process,” said the motions were fundamentally defective.
“The law is settled that allegations of bias are grave allegations which are not made lightly. Whoever alleges bias must provide clear evidence. 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,” he said.
Justice Lifu held that judges should be careful to “accede to such baseless allegations so that they don’t allow litigants choose judges that suit them” as he described the applications as “forum shopping.”
He said the applicants made the allegations so that the case could be assigned to another judge that would do their biddings.
“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 to hear and determine their matters. 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,” the judge said.
Justice Lifu, who said the entire application was based on speculation, said if allowed, lawyers could use this as a tool against the court when they know a case would not favour them. According to him, if this application is granted in the absence of credible evidence, it will set a dangerous precedent.
“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 plaintiff,” the judge ruled.
Earlier when the case was called, a lawyer, Kalu-Kalu Agu, who appeared for Nkemakolam Ukandu, the National Welfare Secretary of ADC, challenged the judge from delivering the ruling, having ordered the deregistration of ADC in his judgement on Monday.
Agu, on behalf of Ukandu, had filed a motion seeking to be joined in Gombe’s suit. The lawyer reminded the judge of his previous day’s judgment directing the Independent National Electoral Commission (INEC) to deregister ADC having failed to meet the constitutional threshold.
“My lord, the clerk of this court did mention the matter is slated for ruling today. In view of your lordship’s ruling and continuous existence of the 1st defendant (ADC) in this matter, and having been declared dead, I don’t see any reason why this ruling should continue.
“In your judgement, this court ordered INEC to deregister the 1st defendant. So, in the eye of the law, the 1st defendant is not existing,” Agu submitted.
“Are you a party in this suit?” Justice Lifu asked.
“Yes, I am my lord,” Agu responded.
“Who joined you, or you joined yourself in your chambers?” the judge asked.
In his reaction, Gombe’s lawyer, Robert Emukpoeruo, SAN, disagreed with Agu’s submission that he was a party in the suit.
Emukpoeruo said he was yet to read the judgement mentioned by Agu, hence, it had no relevance in the instant proceedings.
He said by Order 9 Rule 14(4)) of the court, until Ukandu is joined by the judge, he is yet to be a party.
When Agu attempted to respond to Emukpoeruo’s submission, the judge threatened to invoke the powers of the court on him.
Realwan Okpanachi, who appeared for Aregbesola; Suleiman Usman, SAN, lawyer to Sen. David Mark and Peter Oyewole, who represented Chief Ralph Nwosu, also made their respective submissions.
In his ruling, Justice Lifu said the instant case was distinct from the Monday’s matter where a judgement was delivered against ADC.
After the ruling, the case was adjourned until June 23 for hearing of all pending applications.
Gombe, in the suit, is seeking an order restraining Sen. Mark, the embattled National Chairman of ADC; Ogbeni Rauf Aregbesola, the National Secretary, and members of their interim National Working Committee (NWC) from parading themselves as the party’s leaders.
He had argued that the emergence of Mark, Aregbesola and other NWC members as party’s leaders breached the provisions of the party’s constitution and the Electoral Act.
Gombe had sued ADC, Mark, Aregbesola, Independent National Electoral Commission (INEC) and Ralph Nwosu as 1st to 5th defendants respectively in the suit marked: FHC/ABJ/CS/1819/2025.
Nwosu was the former ADC National Chairman who stepped down for David Mark leadership of the party. (NAN)
