THE Federal High Court in Abuja has imposed a total fine of ₦1 million on the African Democratic Congress (ADC) and its National Secretary, Rauf Aregbesola, after dismissing their applications seeking the recusal of Justice Peter Lifu from an ongoing leadership dispute within the party.
Justice Lifu, in a ruling delivered today, ordered the ADC and Aregbesola to pay ₦500,000 each to the plaintiff, Nafiu-Bala Gombe, describing their motions as lacking merit and amounting to an abuse of court process.
ADC and Aregbesola had separately asked the judge to withdraw from the case, alleging bias in the suit filed by Gombe, an aggrieved party member challenging the legitimacy of the party’s current leadership.
The court, however, held that the applicants failed to provide credible evidence to support their claims.
According to Justice Lifu, the allegations of bias were speculative, extraneous and appeared to be an attempt to frustrate the Supreme Court’s directive for an accelerated hearing of the matter.
He noted that the applications were filed before the court had assumed jurisdiction over the case, adding that litigants cannot dictate which judge hears their matter.
“The law is settled that allegations of bias are grave and must be supported by clear evidence,” the judge said, warning that granting such applications without proof would set a dangerous precedent.
Justice Lifu further described the motions as an attempt to intimidate the court and engage in “forum shopping” by seeking to have the case reassigned to another judge.
He maintained that judges must not yield to baseless allegations aimed at influencing judicial proceedings.
The ruling followed objections raised by Kalu-Kalu Agu, counsel to ADC National Welfare Secretary Nkemakolam Ukandu, who argued that Justice Lifu should not deliver the ruling because he had, in a separate judgment delivered yesterday, ordered the deregistration of the ADC.
Responding, counsel to the plaintiff, Robert Emukpoeruo (SAN), argued that the earlier judgment had no bearing on the present matter, noting that Ukandu was not yet a party to the suit.
Justice Lifu agreed, stating that the current case was distinct from the previous proceedings.
The matter was subsequently adjourned until June 23 for the hearing of all pending applications.
Gombe is seeking an order restraining Senator David Mark, the party’s interim National Chairman; Aregbesola, the National Secretary; and other members of the interim National Working Committee from acting as leaders of the party.
He contends that their emergence violated provisions of the ADC constitution and the Electoral Act.
The defendants in the suit are the ADC, David Mark, Aregbesola, the Independent National Electoral Commission (INEC), and former ADC National Chairman Ralph Nwosu.