The Chief Judge of the Federal High Court, Hon. Justice John Tsoho, OFR, and Hon. Justice Peter Lifu have moved the Federal High Court, Abuja, to strike out a suit instituted against them by Nkemakolam Ukandu, National Welfare Secretary of the African Democratic Congress, ADC.
The defendants, represented by J.U.K. Igwe, SAN, informed Justice Salim Ibrahim on Monday that they had filed a joint Notice of Preliminary Objection and a joint Statement of Defence, all dated and filed on June 19, 2026. Mr. Igwe, SAN, expressed concern that a legal practitioner would initiate such proceedings against a sitting Chief Judge and a Judge of the Court.
Ukandu, suing as Plaintiff in Suit No. FHC/ABJ/CS/1165/2026, joined the National Judicial Council as 1st Defendant, the FHC Chief Judge as 2nd Defendant, and Justice Lifu as 3rd Defendant. His prayers include an order of mandamus compelling the NJC to investigate allegations of corruption and abuse of judicial powers allegedly levelled against Justices Tsoho and Lifu, predicated on alleged disobedience to court orders.
When the matter was called, there was no legal representation for the Plaintiff nor for the 1st Defendant, NJC. Only Mr. Igwe, SAN, announced appearance for the 2nd and 3rd Defendants.
On service, Justice Ibrahim queried the Registry’s compliance, noting that he had personally directed that all parties be duly served. The Court Registrar confirmed proof of service was on the record. His Lordship cautioned that henceforth, proof of service must be filed within 24 hours of effecting service to avoid procedural delays.
Counsel for the defendants then urged the Court to fix a date for the hearing of the preliminary objection. However, Justice Ibrahim observed that the processes were not in the Court’s file. Consequently, the matter was adjourned to June 30, 2026, for mention. The Court ordered that all processes, including the Notice of Preliminary Objection and Statement of Defence, be served on the Plaintiff and the NJC, and that fresh hearing notices be issued and served accordingly.
The instant suit is an offshoot of the leadership tussle within the ADC. The originating action is Suit No. FHC/ABJ/CS/1819/2025 filed by Nafiu-Bala Gombe, which seeks an injunction restraining the Senator David Mark-led faction from parading itself as the leadership of the party. That matter is currently pending before Justice Lifu.
Ukandu, who has applied to be joined in Gombe’s suit, alleges “manifest bias” and accuses Justices Tsoho and Lifu of willingness to “do the bidding of persons against the interest of the party.” His grievance centres on the administrative reassignment of Gombe’s suit by the Chief Judge, after it was initially before Justice Emeka Nwite. Ukandu contends that the reassignment was made in disregard of pronouncements of the Supreme Court and prior directives of Justice Nwite.
The Court will hear the preliminary objection on June 30, 2026, provided service is perfected.
... FHC CJ Tsoho, Justice Lifu File Preliminary Objection, Seek Dismissal of ADC Chieftain’s Bias Suit ... Naijaonpoint.