ADC Official Sues Judges for Bias, Judges Seek Dismissal

The Chief Judge of the Federal High Court, John Tsoho, and another judge, Peter Lifu, are asking the court to throw out a case brought against them by Nkemakolam Ukandu. Ukandu is an official of the African Democratic Congress (ADC) and claims the judges showed bias.

Tsoho and Lifu made this request through their lawyer, J.U.K. Igwe, a Senior Advocate of Nigeria (SAN). They presented their case before Judge Salim Ibrahim at the Federal High Court in Abuja on Monday.

Mr Igwe told the court that they filed a joint preliminary objection and a joint statement of defence in response to the suit. He expressed surprise that a lawyer would bring such a case to court.

Ukandu, who is the ADC National Welfare Secretary, has sued the National Judicial Council (NJC), Tsoho, and Lifu. He claims they disobeyed a court order.

In his suit, he wants the NJC to look into claims of corruption and abuse of power against Tsoho and Lifu. When the case was called, there was no lawyer present for Ukandu or the NJC.

But Mr Igwe was there for Tsoho and Lifu. Judge Ibrahim asked if the court had served hearing notices to Ukandu and the NJC. The court registrar confirmed that proof of service was in the file.

“I want to see the proof of service of the hearing notice because I personally told them to ensure that all parties were duly served. Henceforth, you must ensure within 24 hours that all parties are duly served,” the judge said.

Mr Igwe informed the court that they had filed a conditional appearance, a notice of preliminary objection, and a joint statement of defence. He noted that all these documents were dated and filed on 19 June. “If it pleases your lordship, we can have a date for the hearing of our preliminary objection so that when we serve them, it will be known to them that it is for hearing,” he suggested.

However, the judge pointed out that the documents were not in the court file and adjourned the case until 30 June for mention. He also ordered that Ukandu and the NJC be served with all the documents and that hearing notices be issued and delivered to both parties.

The suit is linked to a leadership dispute in the ADC, involving a disgruntled member, Nafiu-Bala Gombe. His case is currently with Judge Lifu.

Gombe has sued the ADC, the party’s interim national chairperson, David Mark, the interim national secretary, Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu. Gombe, a party official before recent changes in leadership, is challenging the selection of Mark and Aregbesola as national chairperson and national secretary.

He claims their appointments go against the party’s constitution. The case was first assigned to Emeka Nwite of the same court but later went to the Supreme Court before returning to the Federal High Court. It was reassigned to Lifu after Gombe made an application for that change.

Ukandu tried to join Gombe’s suit through his lawyer, Kalu Agu, but the court rejected the application. He accused Tsoho and Lifu of clear bias and claimed they were ready to act against the interest of the ADC.

In his suit, Ukandu criticized Tsoho for transferring the case to Lifu after it was taken away from Nwite. He argued that this move ignored orders from the Supreme Court and those made by Judge Nwite.