ADC crisis: Court fixes June 16 to rule on applications seeking judge’s withdrawal

Justice Peter Lifu of a Federal High Court sitting in Abuja on Monday fixed July 16 to rule on applications seeking his withdrawal from a suit filed by Nafiu-Bala Gombe against the Senator David Mark-led leadership of the African Democratic Congress (ADC).

The court fixed the date for ruling after parties in the suit moved their various motions for or against the applications seeking the withdrawal of the trial judge from the case.

On the order of the court on Monday for counsel to move their application for recusal of the judge and that parties should respond orally, counsel to the ADC, Shaibu Aruwa, SAN, moved his application filed on June 2, seeking the withdrawal of Justice Lifu from hearing the suit.

Aruwa also prayed the judge in the application to return the case file of the matter to the Chief Judge of the Federal High Court, Justice John Tsoho, for reassignment to another judge.

The senior lawyer prayed the judge to grant the application in the interest of justice.

Realwan Okpanachi, who represented Ogbeni Rauf Aregbesola, also moved his motion seeking the withdrawal of the judge from the matter.

In a counter-affidavit to the motions seeking withdrawal of Justice Lifu from entertaining the matter, counsel to the plaintiff, Robert Emukpoeruo, SAN, prayed the court to dismiss the request by the first and second defendants for the recusal of the judge.

He held that there is no evidence before the court showing any element of bias by the judge to warrant his withdrawal from handling the matter.

Kalu-Kalu Agu, representing Mr Nkemakolam Ukandu, ADC’s National Welfare Secretary, who is seeking to be joined in the matter as defendant, drew the attention of the court to an application he filed praying for the recusal of the judge, with alternative prayers for the court to stay proceedings in the matter pending the outcome of a petition against the trial judge and the Chief Judge of the court before the National Judicial Council (NJC).

Agu also wants the court to stay proceedings pending the outcome of the suit of his client against the trial judge, Justice Peter Lifu.

However, the court held it cannot hear the submission of Agu, who is representing a party seeking to be joined, saying he is not yet a party in the matter as the court has not granted his application to be joined as a defendant.

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“Person seeking to be joined is not yet a party. His motion for recusal is not heard. Motion for joinder is hereby put in abeyance,” the judge held, and consequently adjourned the matter till June 16, 2026 for composite ruling on the Monday motion for recusal and/or further hearing.

The defence counsel had, at the last proceedings in the matter, informed the court that the attitude of the plaintiff in applying for the reassignment of the case when the matter was before Justice Nwite had allegedly frustrated the order of accelerated hearing of the apex court.

But Justice Lifu, who said that nobody has the right to choose which court his case should be determined, said that based on the directive of the Chief Judge of the Federal High Court who assigned the case to him and the Supreme Court decision for accelerated hearing, he was bound to do justice to the matter.

Gombe, the aggrieved former National Deputy Chairman of ADC, had filed the suit marked FHC/ABJ/CS/1819/2025, seeking an order restraining Mark, the embattled National Chairman of ADC; Aregbesola, the National Secretary, and members of their Interim National Working Committee (NWC) from parading themselves as the party’s leaders.

He had argued that the emergence of Mark, Aregbesola and other NWC members as party leaders breached the provisions of the party’s constitution and the Electoral Act.

Gombe had sued ADC, Mark, Aregbesola, INEC and Ralph Nwosu as 1st to 5th defendants respectively in the suit.

Nwosu was the former ADC National Chairman who stepped down for the David Mark leadership of the party.