Court to Decide Whether to Withdraw Lawsuit Against Executive Led by David Mark on June 16

Alex Enumah in Abuja

Justice Peter Lifu of the Federal High Court, Abuja, has set a hearing for June 16 to decide whether he will recuse himself from the lawsuit challenging the leadership of the African Democratic Congress (ADC), which is headed by Senator David Mark.

The judge scheduled the ruling for Tuesday, after lawyers for the parties in the case presented and argued their recusal applications.

Hon Nafiu Bala Gombe, a former deputy chairman of the ADC who is contesting the party’s leadership, brought the case to the Federal High Court last year to challenge the election of the national leadership.

The suit, which the ADC opposes, has reached the Supreme Court and was returned to the trial court on April 30 for an accelerated hearing.

However, the ADC objects to Justice Lifu hearing the case, as he was newly assigned to expedite the proceedings.

Previously, on May 8, Justice Emeka Nwite had adjourned the matter indefinitely after receiving a letter from Gombe to the Chief Judge of the Federal High Court (FHC), Justice John Tsoho, requesting a transfer of the case to another judge.

Nwite also asked the parties to provide the Supreme Court judgment that ordered accelerated hearings for all pending applications before the trial court.

A few days later, the case was reassigned to Justice Lifu, who assumed jurisdiction on June 3. After hearing counsel that day, he ordered an accelerated trial and adjourned to June 8 for a hearing on all pending applications.

When the matter was resumed on Monday, amid a heated exchange among lawyers, Justice Lifu instructed counsel to present motions for his withdrawal from the trial on the grounds of alleged bias against the ADC leadership.

The ADC, Senator David Mark, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu are the first to fifth respondents in the case identified as FHC/ABJ/CS/1819/2025.

Except for the second respondent and INEC, the other respondents—including a party seeking to be joined, National Welfare Secretary of the ADC Nkemakolam Ukandu—requested that Justice Lifu recuse himself, transfer the matter, or stay proceedings due to alleged bias.

Ukandu, represented by Kalu Kalu Agu, cited the petition against the Chief Judge and Lifu pending at the National Judicial Council (NJC), as well as another court case against the NJC, Tsoho, and Lifu, which was filed in the Federal High Court, Abuja, last Thursday.

Gombe’s lawyer, Mr Robert Emukpero, SAN, urged the court to dismiss the motions, arguing that there is no evidence of bias against the respondents.

After hearing all parties, Justice Lifu announced that he will rule on June 16 whether he will withdraw from the matter or continue to preside over it.