The Federal High Court in Abuja has imposed a ₦1 million penalty on the African Democratic Congress (ADC) and its National Secretary, Rauf Aregbesola, after dismissing separate applications seeking the withdrawal of Justice Peter Lifu from an ongoing leadership dispute.
Delivering his ruling on Tuesday, Justice Lifu held that the applications, filed by the ADC and Aregbesola, lacked merit and failed to provide any credible evidence of bias.
According to the judge, the allegations contained in the affidavits were unfounded and aimed at delaying proceedings despite the Supreme Court’s directive for an accelerated hearing of the matter.
“There is no iota of bias found.”
“There is no element of bias being painted by the applicants as alleged.”
The judge noted that the requests for his recusal were filed before the court had even assumed jurisdiction over the case.
“Where then is the element of bias in the motions for recusal?”
Describing the applications as “an abuse of court process,” Justice Lifu said the claims were unsupported by evidence and amounted to an attempt to intimidate the court.
“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 warned that courts must resist baseless allegations that could encourage litigants to select judges of their choice, describing the move as “forum shopping.”
“Parties cannot choose which court they should be heard in.”
“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.”
Justice Lifu added that granting such an application without evidence would create a dangerous precedent for the judiciary.
“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.”
Before the ruling, lawyer Kalu-Kalu Agu, representing ADC National Welfare Secretary Nkemakolam Ukandu, argued that the court should not proceed, citing a judgment delivered a day earlier ordering the deregistration of the ADC.
“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.
However, Justice Lifu questioned his standing in the matter, while plaintiff’s counsel, Robert Emukpoeruo, maintained that Ukandu had not yet been formally joined as a party in the suit.
The judge subsequently clarified that the current matter was separate from the previous case involving the ADC’s deregistration and proceeded with the ruling.
The case was adjourned until June 23 for the hearing of pending applications.
The suit was filed by ADC member Nafiu-Bala Gombe, who is seeking an order restraining former Senate President David Mark, Aregbesola, and members of the party’s interim National Working Committee from acting as ADC leaders.
Gombe argues that the emergence of the interim leadership violates the party’s constitution and provisions of the Electoral Act. Former ADC National Chairman Ralph Nwosu and the Independent National Electoral Commission, Independent National Electoral Commission, are also listed as defendants in the suit.