Judge Declines to Withdraw from ADC Leadership Lawsuit

*Adjourns to June 23 for hearing in pending motions 

Alex Enumah in Abuja 

Justice Peter Lifu of the Federal High Court in Abuja dismissed two applications that sought his withdrawal from the trial of the suit challenging the Senator David Mark‑led leadership of the African Democratic Congress (ADC).

In a ruling on Tuesday, Justice Lifu held that the applications filed by the ADC and its National Secretary, Mr. Rauf Aregbesola, were without merit, lacked credible evidence, and were intended to frustrate the accelerated hearing ordered by the Supreme Court.

An aggrieved ADC member, Nafiu‑Bala Gombe, had taken the party to court last year seeking the de‑recognition of the ADC leadership under Senator Mark.

The suit, originally heard by Justice Emeka Nwite, was reassigned to Justice Lifu early this month after the apex court ordered a return to the trial court for an accelerated trial.

Alleging bias, the ADC and Aregbesola filed two separate applications asking Lifu to recuse himself, return the case file to the Chief Judge of the Federal High Court for reassignment to another judge, or stay further proceedings.

After taking submissions from the parties last week, Justice Lifu had adjourned to June 16 to decide whether he would recuse himself from the trial.

Delivering his ruling on Tuesday, the judge declined to withdraw from the case, stating that the reasons advanced in the affidavits were extraneous.

According to Lifu, “There is no element of bias being painted by the applicants as alleged.”

Describing the applications as “an abuse of court process,” the judge said the motions were fundamentally defective.

“The law is settled that allegations of bias are grave allegations which are not made lightly. Whoever alleges bias must provide clear evidence. It becomes apparent that the applicants have failed completely to prove the allegations. It is a cheap attempt to blackmail and intimidate the court. As I said, nobody can intimidate the court,” he held.

He warned that judges should be careful to “accede to such baseless allegations so that they don’t allow litigants to choose judges that suit them.”

He further described the applications as “forum shopping.”

He said the applicants made the allegations so that the case could be assigned to another judge that would do their bidding. “Parties cannot choose which court they should be heard. Matters are assigned to judges by the administrative head of the court and no applicant can choose who hears and determines their matters. A judge must be firm in doing justice and not dance to the whims and caprices of counsel. No court worth its salt should allow this,” the judge said.

Justice Lifu, who said the entire application was based on speculation, warned that if allowed, lawyers could use this as a tool against the court when they know a case would not favour them. According to him, if this application is granted in the absence of credible evidence, it will set a dangerous precedent.

“On the whole, I found no merit in the application and it is hereby dismissed with N500,000 cost each against the applicants and in favour of plaintiff,” the judge ruled.

Meanwhile, the case was adjourned until June 23 for hearing of all pending applications.