A chieftain of the African Democratic Congress (ADC) has renewed calls for Justice Peter Lifu of the Federal High Court, Abuja, to recuse himself from further proceedings in the suit challenging the leadership of the party under the Senator David Mark-led National Executive Committee.
The request is contained in a Motion on Notice dated and filed on June 5 by the party’s National Welfare Secretary, Nkemakolam Ukandu, who is seeking an order directing Justice Lifu to withdraw from hearing suit No. FHC/ABJ/CS/1819/2025 between Nafiu Bala Gombe and the ADC alongside four other defendants.
Ukandu is asking the court to order Justice Lifu’s recusal pending the determination of his petition before the National Judicial Council (NJC) against Justice Lifu and the Chief Judge of the Federal High Court, Justice John Tsoho, as well as the determination of suit marked, FHC/ABJ/CS/1165/2026: Nkemakolam Ukandu v. National Judicial Council & 2 Ors.
In the alternative, the applicant is seeking an order transferring the case file back to the Chief Judge for reassignment or, alternatively, staying further proceedings in the matter until the petition and related suit are determined.
The application comes barely 24 hours after Ukandu instituted a suit against the NJC, Justice Tsoho and Justice Lifu, alleging corruption, disobedience to Supreme Court orders and manifest bias.
It also comes about 72 hours after ADC National Secretary, Ogbeni Rauf Aregbesola, filed a similar application urging Justice Lifu to step aside from the case over what he described as a lack of confidence in the judge’s impartiality.
Aregbesola, through his counsel, Mohammed Sheriff, argued that the Constitution guarantees litigants a fair hearing before an independent and impartial tribunal.
He accused Justice Lifu of demonstrating bias in a separate matter involving the Incorporated Trustees of the National Forum of Former Legislators and the Independent National Electoral Commission (INEC), in which the ADC is a defendant.
Meanwhile, Justice Lifu had on Wednesday ordered accelerated hearing in the substantive suit, including Ukandu’s application seeking to be joined as a party.
In support of his motion, Ukandu argued that the issues raised in his petition and pending suit centre on allegations of abuse of judicial powers, disobedience to court orders and bias against him by Justice Tsoho and Justice Lifu.
According to him, the interest of justice and the need to preserve public confidence in the judiciary require that Justice Lifu recuse himself, transfer the matter back to the Chief Judge for reassignment, or stay proceedings pending the resolution of the petition before the NJC.
The leadership dispute originated from a suit filed by ADC National Deputy Chairman, Nafiu Bala Gombe, seeking an order restraining the David Mark-led leadership from parading themselves as officers of the party pending the determination of his suit challenging their emergence.
Gombe also sought an order restraining the Independent National Electoral Commission (INEC) from recognising the Mark-led leadership.
In an earlier ruling, Justice Emeka Nwite directed Gombe to put the defendants on notice and ordered them to appear and show cause why the reliefs sought should not be granted.
Rather than responding before the trial court, the defendants approached the Court of Appeal in Abuja, challenging the jurisdiction of the court on the grounds that the dispute involved the internal affairs of the ADC.
The appellate court dismissed the appeal for lacking merit, ordered accelerated hearing of the case and directed all parties to maintain the status quo ante bellum.
Dissatisfied, the David Mark faction proceeded to the Supreme Court, seeking to set aside the order and arguing that the lower courts lacked jurisdiction over the dispute.
Although the apex court vacated the status quo ante bellum order, it returned the matter to the trial court for accelerated hearing.
The case was initially stalled on May 8 following a request by the plaintiff for its transfer from Justice Nwite. The judge had also adjourned proceedings indefinitely pending receipt of the Certified True Copy of the Supreme Court judgment and a decision by the Chief Judge on the transfer request.
Following the recommendation of the NJC for Justice Nwite’s elevation to the Court of Appeal, the case was reassigned to Justice Lifu.
The reassignment subsequently triggered a petition against Justice Tsoho and Justice Lifu before the NJC, as well as the suit filed by Ukandu.
In the suit, Ukandu alleged that the ADC would not receive justice before Justice Lifu because of the judge’s alleged relationship with the Minister of the Federal Capital Territory, Nyesom Wike, whom he accused, alongside the ruling All Progressives Congress (APC), of working to weaken opposition parties ahead of the 2027 general elections.
He further alleged bias and disregard for judicial precedents by the judge, claiming that the handling of the matter had undermined confidence in the judicial process.
Justice Lifu has on Wednesday fixed Monday, June 8 for hearing.
