The Federal High Court in Abuja has ordered the African Democratic Congress (ADC) and its National Secretary, Ogbeni Rauf Aregbesola, to pay a total of N1 million in costs after dismissing separate applications seeking the withdrawal of Justice Peter Lifu from an ongoing leadership dispute involving the party.
Justice Lifu, in a ruling delivered on Tuesday, held that the applications lacked merit and failed to establish any evidence of judicial bias.
The court subsequently awarded N500,000 against ADC and another N500,000 against Aregbesola, both payable to the plaintiff in the suit.
The judge said the allegations raised against the court were unsupported and appeared to be targetted at slowing down proceedings in a matter already directed by the Supreme Court to be heard expeditiously.
According to him, a thorough review of the affidavits and arguments presented by all parties revealed no conduct that could reasonably suggest prejudice or bias on the part of the court.
“There is no element of bias being painted by the applicants as alleged,” Justice Lifu stated while rejecting the motions.
The judge noted that the requests for his recusal were filed at a stage when the court had not even assumed jurisdiction over the substantive matter, making the claims of bias difficult to justify.
He described allegations of judicial bias as serious accusations that must be backed by clear and convincing evidence, stressing that litigants cannot simply raise such claims without proof.
Justice Lifu further condemned what he described as attempts to intimidate the court, insisting that judges must remain independent and should not succumb to pressure from parties seeking favourable outcomes.
He warned that granting such applications without evidence would create a dangerous precedent capable of undermining the administration of justice.
The court also faulted what it described as an attempt at “forum shopping,” where parties seek to move cases away from judges they believe may not rule in their favour.
According to the judge, litigants do not have the right to choose the judges that hear their cases, as judicial assignments are the responsibility of the court’s administrative leadership.
He maintained that allowing baseless allegations to force judges out of cases would weaken public confidence in the judiciary and encourage abuse of court processes.
Before the ruling was delivered, proceedings witnessed a dramatic moment when a lawyer representing ADC National Welfare Secretary, Nkemakolam Ukandu, challenged the court’s decision to continue hearing the matter.
The lawyer, Kalu-Kalu Agu, argued that Justice Lifu’s judgment in a separate case on Monday, which reportedly ordered the deregistration of ADC by the Independent National Electoral Commission (INEC), had effectively affected the party’s legal standing.
He contended that if the party had been ordered deregistered, there was little basis for the court to proceed with the current matter involving ADC.
However, Justice Lifu questioned Agu’s status in the proceedings and asked whether he had formally become a party in the suit.
The plaintiff’s counsel, Robert Emukpoeruo (SAN), also opposed the submission, arguing that Ukandu had not yet been joined as a party and therefore could not make such representations before the court.
Tension briefly rose in the courtroom when Agu attempted to further respond to submissions made by opposing counsel, prompting the judge to caution him against disrupting proceedings.
Other lawyers appearing in the matter, including counsel to Aregbesola, former Senate President David Mark and former ADC National Chairman Ralph Nwosu, also made submissions before the court proceeded with the ruling.
Justice Lifu eventually clarified that the case before him was separate from the one in which the judgment concerning ADC’s deregistration was delivered, adding that both matters involved different issues and parties.
Following the ruling, the court adjourned the case until June 23 for the hearing of all pending applications.
The suit was filed by ADC member, Nafiu-Bala Gombe, who is challenging the emergence of former Senate President David Mark as National Chairman of the party and Aregbesola as National Secretary.
Gombe is asking the court to restrain Mark, Aregbesola and members of the interim National Working Committee from acting as leaders of the party, arguing that their appointments violated provisions of the ADC constitution and the Electoral Act.
The suit also lists ADC, INEC and former party chairman Ralph Nwosu among the defendants.
(vitalnewsngr.com)
