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, over what he described as an unfounded application seeking his recusal from a pending suit.
The party and its national secretary had, through separate motions, asked Justice Lifu to withdraw from the case filed by an aggrieved party member, Nafiu-Bala Gombe, alleging bias in the handling of the matter.
Delivering his ruling on Tuesday, the judge dismissed the applications as lacking merit, holding that they were unsupported by credible evidence and appeared designed to frustrate the Supreme Court’s directive for accelerated hearing of the case.
Justice Lifu noted that the affidavits filed in support of the applications contained extraneous and unsubstantiated claims, adding that the court found “no iota of bias” in the proceedings.
“There is no element of bias being established by the applicants,” the judge held.
He further observed that the recusal motions were filed even before the court had fully assumed jurisdiction, describing them as premature and procedurally defective.
The judge held that the applications amounted to an abuse of court process and amounted to an attempt to intimidate the court.
“It is a cheap attempt to blackmail and intimidate the court, and nobody can intimidate the court,” he said.
Justice Lifu warned against what he described as “forum shopping,” stressing that litigants cannot choose the judge to hear their cases.
“Parties cannot choose which court they should be heard. Matters are assigned to judges by the administrative head of court,” he stated, adding that allegations of bias must be strictly proved with credible evidence.
He cautioned that granting such applications without proof would set a dangerous precedent and encourage litigants to manipulate judicial assignments.
The court subsequently dismissed the motions and awarded ₦500,000 costs against each applicant in favour of the plaintiff.
Earlier in the proceedings, tension arose when counsel for Nkemakolam Ukandu, the ADC National Welfare Secretary, challenged the judge’s continued handling of the matter, citing a previous judgment in which the court ordered the deregistration of the party.
Counsel Kalu-Kalu Agu also sought to be joined in the suit, arguing on behalf of Ukandu that recent developments affected the party’s standing in the case.
However, counsel for the plaintiff, Robert Emukpoeruo, SAN, opposed the application, arguing that the would-be applicant was not yet a party to the suit and therefore lacked the capacity to be heard.
He also told the court that he had not yet reviewed the judgment referenced by opposing counsel.
When Agu attempted to respond, the judge cautioned him against further submissions, warning that he risked attracting sanctions from the court.
Other counsel in the matter, including Realwan Okpanachi for Aregbesola, Suleiman Usman, SAN, for Senator David Mark, and Peter Oyewole for Chief Ralph Nwosu, also made submissions during the proceedings.
Justice Lifu clarified that the present case was distinct from a separate matter in which he had earlier delivered judgment affecting the deregistration of the ADC.
The matter was subsequently adjourned until June 23 for the hearing of pending applications.
The substantive suit was filed by Nafiu-Bala Gombe, who is seeking an order restraining Senator David Mark, Rauf Aregbesola, and members of the party’s interim National Working Committee from parading themselves as leaders of the ADC, alleging breaches of the party constitution and the Electoral Act.
The defendants in the suit include the ADC, Senator David Mark, Aregbesola, the Independent National Electoral Commission (INEC), and former party chairman Ralph Nwosu.
