Justice Peter Lifu of the Federal High Court, Abuja, has adjourned till June 16, to decide whether to recuse himself from the suit challenging the leadership of the African Democratic Congress (ADC), under the Senator David Mark-led leadership.
Justice Lifu fixed the date for ruling Monday shortly after the recusal applications were adopted and argued by lawyers representing parties in the suit.
A former deputy chairman of the party, Hon Nafiu Bala Gombe, who is laying claim to the leadership of the party, had last year approached the Federal High Court, to challenge the election of the national leadership of the ADC.
The suit which was opposed by the ADC has gone up to the Supreme Court and returned to the trial court on April 30, for accelerated hearing.
However, the ADC was opposed to the hearing of the suit by Justice Peter Lifu, who was newly assigned to hear and determine the suit expeditiously.
Justice Emeka Nwite had on May 8, shortly after the matter came back from the apex court, adjourned indefinitely, following a letter by Gombe to the Chief Judge (CJ) of the Federal High Court (FHC), Justice John Tsoho, seeking transfer of the case to another judge.
Nwite also requested parties to furnish him with the judgement of the apex court which had ordered accelerated hearing of all pending applications before the trial court.
However, a few days later, the matter was reassigned to Justice Lifu, who assumed jurisdiction on June 3, and after listening to all counsel present at the day’s proceedings, ordered accelerated trial and adjourned to June 8, for hearing in all pending applications.
When the matter came up on Monday, following a heated argument while lawyers were identifying their individual processes, Justice Lifu ordered counsel to adopt their motions seeking his withdrawal from further trial of the matter over alleged bias against the ADC leadership.
“I have carefully listened to all counsel over and over again and painstakingly considered the chequered nature of the case which went all the way to the Supreme Court and back on the instant of the respondents,” Lifu stated, adding that before the matter was assigned to him there have been all manner of petitions against the suit, amounting to 23.
According to him, while the plaintiff brought three, the respondents had 20, “all geared towards recusal.
“I hereby ordered all parties to move their application for recusal, parties are granted leave to reply on point of law orally,” the judge held.
The ADC, Senator David Mark, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC) and Chief Ralph Nwosu are 1st to 5th respondents in the suit marked: FHC/ABJ/CS/1819/2025.
Except for the second respondent and INEC, the others including a party seeking to be joined (National Welfare Secretary, ADC, Nkemakolam Ukandu) all asked Justice Lifu to recused himself; transfer the matter, or stay proceedings over alleged bias against them.
Ukandu, who was represented by Kalu Kalu Agu, on his part cited the petition against the CJ and Lifu, pending at the National Judicial Council (NJC) as well as another court case against the NJC, Tsoho and Lifu, also pending before the Federal High Court, Abuja, filed last week Thursday.
However, Gombe’s lawyer, Mr Robert Emukpero, SAN, urged the court to dismiss the motions on grounds that there was no evidence of bias against the respondents.
After listening to all parties, Justice Lifu announced that he would on June 16, rule whether he would withdraw from the matter or continue with it.
Lifu also ordered all intending joinders to file their defense against the main suit, while putting in “abeyance” the recusal motion by Ukandu.
“A person seeking to be joined is not yet a party. I can’t hear a prospective joinder who is yet to be a party in the suit. His motion is put in abeyance.
“This suit is adjourned to June 16, for composite ruling on the recusal motions and or continuation of trial.”
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