The National Welfare Secretary of the African Democratic Congress (ADC), Nkemakolam Ukandu, has filed a lawsuit against John Tsoho, Chief Judge of the Federal High Court, over alleged disobedience of court orders in relation to a case involving the party’s leadership crisis.
The National Judicial Council (NJC), John Tsoho and Justice Peter Lifu were listed as the first, second and third respondents respectively in the suit marked FHC/ABJ/CS/1165/2026, which was filed on Thursday.
In the suit, Ukandu is seeking a court order directing the NJC to investigate allegations of corruption and abuse of judicial powers against Tsoho.
The ADC official argued that the transfer of a case concerning the party’s internal crisis to Justice Lifu violated existing orders of both the Supreme Court and Justice Emeka Nwite.
Dispute Over Case Reassignment
In May, Tsoho reassigned a suit challenging the legitimacy of the ADC leadership headed by David Mark to another judge.
The case was instituted by Nafiu Bala, a former deputy national chairman of the party, and was subsequently transferred to Justice Lifu for hearing.
Justice Nwite, who had previously handled the matter, was among the judges recently recommended by the NJC for elevation to the Court of Appeal.
In the suit marked FHC/ABJ/CS/1819/2025, Bala is seeking to stop David Mark, National Chairman of the ADC; Rauf Aregbesola, National Secretary; and members of the party’s interim National Working Committee (NWC) from functioning as leaders of the party.
The reassignment came shortly after the Supreme Court directed all parties to return to the Federal High Court for an accelerated hearing of the dispute.
On April 30, the apex court overturned a Court of Appeal ruling that had ordered parties to maintain the status quo in the leadership tussle — a decision previously relied upon by INEC in withdrawing recognition of the Mark-led leadership.
When the case resumed on May 8, Luka Haruna, counsel to Bala, informed the court that a request had been submitted to the Chief Judge seeking a reassignment of the matter.
Lawyers representing the ADC, Mark, Aregbesola and Nwosu opposed the request, describing it as an attempt at “forum shopping” that could undermine the Supreme Court’s directive for a speedy hearing.
They also expressed confidence in the fairness and integrity of Justice Nwite.
Following arguments from both sides, Justice Nwite adjourned the case indefinitely pending the release of the Certified True Copy of the Supreme Court judgment.
Ukandu Challenges Judicial Actions
According to Ukandu, all parties involved opposed Bala’s request for the reassignment of the case.
He maintained that despite the indefinite adjournment ordered by Justice Nwite, Tsoho transferred the matter to Justice Lifu without complying with the directives of both the Supreme Court and the trial court.
Ukandu further alleged that Justice Lifu proceeded to schedule the matter for hearing on June 3 without first considering the apex court’s judgment.
He also claimed he would not receive fair hearing in the case due to what he described as Justice Lifu’s alleged relationship with Nyesom Wike, Minister of the Federal Capital Territory (FCT).
“The plaintiff believes as his matter, pending before the 3rd defendant’s court in Suit No: FHC/ABJ/CS/1819/2025, affects Nyesom Wike’s interest, he would not get justice,” part of the court filing stated.
“The 3rd defendant has consistently disregarded the doctrine of stare decisis which is one of the hallmarks of the judicial system and has displayed clear bias against me.
“Nyesom Wike is the Minister of the Federal Capital Territory in the cabinet of the President of Nigeria and he supports the president’s reelection aspiration.
“Nyesom Wike is believed to be the cause of the protracted internal crises bewildering the Peoples Democratic Party (PDP) and does not want a strong opposition political party to exist to contest against the president of Nigeria in 2027 Presidential Election.
“The 2nd and 3rd defendants are handling the plaintiff’s matter as if they are untouchable and no judicial consequences for their wrongful actions and/or inactions.”
Ukandu is seeking an order directing the NJC to investigate allegations of corruption, abuse of judicial authority, disobedience of court orders and bias against Tsoho and Justice Lifu.
He also wants the court to restrain Justice Lifu from continuing to preside over Bala’s case pending the outcome of the petition before the NJC.