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COURT SLAMS ADC, AREGBESOLA WITH N1M COST OVER APPLICATION FOR JUDGE’S RECUSAL FROM SUIT

Justice Lifu, in a ruling delivered on Tuesday, imposed a N500,000 fine on each applicant, describing their allegations of bias against the court as unsubstantiated and an attempt to obstruct the speedy determination of the matter, as earlier directed by the Supreme Court.

The judge held that the claims contained in the applications lacked credible evidence and were based on speculation. He stressed that accusations of judicial bias are serious and must be supported with convincing proof, adding that the applicants failed to establish any conduct that could justify his recusal.

Justice Lifu also rejected what he described as an attempt at “forum shopping,” noting that parties have no authority to select the judges who hear their cases, as judicial assignments are the responsibility of the court’s administrative leadership.

Before the ruling, counsel for ADC National Welfare Secretary Nkemakolam Ukandu, Kalu-Kalu Agu, attempted to stop the proceedings by arguing that the court’s earlier judgment ordering the deregistration of ADC meant the party no longer had legal standing in the current matter.

However, the court questioned his status in the suit, pointing out that his application to be joined had not been granted. 

Counsel for the plaintiff, Robert Emukpoeruo, SAN, also argued that Ukandu remained a non-party until the court formally approved his joinder.

Justice Lifu subsequently clarified that the case before him was separate from the earlier judgment concerning the party’s deregistration and proceeded with the ruling.

The matter was later adjourned until June 23 for hearing of all outstanding applications.

The suit was filed by an aggrieved ADC member, Nafiu-Bala Gombe, who is challenging the legitimacy of the interim leadership of the party led by Senator David Mark and National Secretary Rauf Aregbesola.

Gombe is seeking a court order preventing Mark, Aregbesola and other members of the interim National Working Committee from presenting themselves as the party’s leaders, arguing that their emergence was contrary to the ADC constitution and relevant provisions of the Electoral Act.

The defendants in the suit include the ADC, David Mark, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and former ADC National Chairman Ralph Nwosu, who handed over the party’s leadership structure to the Mark-led interim team.