The Federal High Court sitting in Abuja on Monday ordered the National Welfare Secretary of the African Democratic Congress (ADC), Mr Nkemakolam Ukandu, to pay the Chief Judge of the Federal High Court, Justice John Tsoho, and Justice Peter Lifu the sum of N50 million each for lack of diligent prosecution.
Ukandu had sued the National Judicial Council (NJC), the Chief Judge of the Federal High Court and Justice Lifu over alleged bias and disobedience to a court order.
Justice Salim Ibrahim, in a ruling on an oral application made by Mr J.U.K. Igwe, SAN, counsel to Justice Tsoho and Justice Lifu, awarded costs of N50 million each, bringing the total to N100 million in favour of Tsoho and Lifu.
Justice Ibrahim also directed that the N100 million be paid by Ukandu within 14 days of the order.
When the case was called on Monday, only Igwe, who represented the second and third defendants, was present in court, while no legal representative appeared for either the plaintiff or the first defendant, the NJC.
Addressing the court, Igwe said all the parties had been duly served with hearing notices and that the court’s order for substituted service had been effected on Ukandu through the address provided by the plaintiff in his court documents.
The lawyer also said the NJC had been duly served, adding that a letter was also written to the Council in compliance with the court’s order and that he had an acknowledged copy of the letter.
“My Lord, I will plead that this suit should be struck out on terms,” he said.
When the judge asked him what he meant by “on terms”, the lawyer said it appeared to him that “this is deliberate”.
“Under the specific rules of the court and the Constitution, I am entitled to costs for them (the plaintiff) evading the consequences of this litigation,” he said.
He further submitted that Order 19 Rule 1 of the Federal High Court Rules provides that where parties fail to appear in court, the judge has the power to strike out the matter.
He added that under Order 25 Rule 1(d) of the Rules, his clients were also entitled to costs, alleging that the plaintiff changed his address during the course of the proceedings in order to evade the litigation.
He claimed there was no building at the address provided by the plaintiff in his originating summons but said that, in compliance with the court’s order, Ukandu was served at his last known address.
“They brought the case, and they were aware of today’s proceedings. I have obeyed your lordship’s order that they should be served at their last known address.
“Therefore, I want the case to be struck out with costs of N50 million to each of the second and third defendants,” he prayed the court.
The lawyer also argued that the second and third defendants are judicial officers and public officers who are prohibited by the Civil Service Rules from engaging the plaintiff in public disputes.
“If your lordship looks at Paragraphs 5 and 6 of the plaintiff’s statement of claim, he admitted that he applied to join a suit pending before the Federal High Court.
“In Paragraph 5, he said he filed a motion seeking to be joined, and in Paragraph 6, he said the same application had yet to be heard. Yet, in a suit to which he is not a party, he wrote a letter to the Chief Judge asking that the matter should not be assigned to certain judges.
“He said these particular judges are corrupt judges. My Lord, the plaintiff has already concluded that the Chief Judge is corrupt,” he said.
“I will ask that the second and third defendants be awarded N50 million each, payable within 14 or 30 days,” he added.
After listening to the submissions, Justice Ibrahim struck out the suit and awarded costs of N50 million each in favour of Justices Tsoho and Lifu.
“Based on the provisions of Order 19 Rule 1 of the Rules of this Honourable Court, 2019, the court hereby makes an order striking out this suit for lack of diligent prosecution.
“It is further ordered that the plaintiff shall pay the sum of N50 million each to the second and third defendants within 14 days from the date of this order,” the judge ruled.
Justice Ibrahim had, on June 30, threatened to strike out the suit following the failure of the plaintiff or his counsel to appear in court.
The judge, who directed that Ukandu and the NJC be served with hearing notices, adjourned the matter until Monday in the interest of fair hearing.
Ukandu had sued the NJC, the Chief Judge of the Federal High Court and Justice Lifu as first, second and third defendants, respectively, over alleged bias and disobedience to a court order.
In the suit marked FHC/ABJ/CS/1165/2026, Ukandu sought an order compelling the NJC to investigate allegations of corruption, abuse of judicial powers and bias levelled against Tsoho and Lifu.
It would be recalled that neither the plaintiff nor his lawyer had appeared before Justice Ibrahim since the matter was assigned to him.
The suit arose from the ADC leadership crisis involving an aggrieved party member, Nafiu-Bala Gombe, whose case is currently before Justice Lifu.
Gombe’s suit seeks an order restraining the Senator David Mark-led leadership of the ADC from parading themselves as the party’s leaders.
Ukandu, who is seeking to be joined in Suit No. FHC/ABJ/CS/1819/2025 filed by Gombe, accused the Chief Judge and Justice Lifu of manifest bias and of being willing to do the bidding of persons acting against the interest of the party.
The plaintiff, in the suit he personally filed before the Federal High Court, faulted the Chief Judge for reassigning the case to Justice Lifu after it had been withdrawn from Justice Emeka Nwite, arguing that the reassignment was made in disregard of the orders of the Supreme Court and those of Justice Nwite.