By Nchetachi Chukwuajah
The Federal High Court in Abuja has awarded a N1 million fine against the African Democratic Congress (ADC) and its embattled National Secretary, Ogbeni Rauf Aregbesola, over the application seeking the judge’s recusal from the suit filed by Nafiu-Bala Gombe.
The ADC and Aregbesola had, in separate motions, asked Justice Peter Lifu to recuse himself from the suit marked FHC/ABJ/CS/1819/2025 and filed by Nafiu-Bala Gombe, citing alleged bias.
In a ruling on Tuesday, June 16, Justice Lifu held that the applicants’ motions lacked merit and were devoid of credible evidence, adding that the reasons advanced in the applicants’ affidavits were extraneous.
He held that the application was intended to frustrate the Supreme Court’s order for an accelerated hearing of the case.
The judge noted that the court has painstakingly considered all three processes by parties and by affidavit evidence and found no evidence of bias.
“There is no element of bias being painted by the applicants as alleged,” Justice Lifu said.
The judge recalled that the motions for recusal were filed even when the court had yet to assume jurisdiction on the case.
“Where then is the element of bias in the motions for recusal?’ he asked.
The judge, who described the applications as “an abuse of court process,” said the motions were fundamentally defective.
“The law is settled that allegations of bias are grave allegations which are not made lightly. Whoever alleges bias must provide clear evidence.
“It becomes apparent that the applicants have failed completely to prove the allegations. It is a cheap attempt to blackmail and intimidate the court. As I said, nobody can intimidate the court,” he said.
Justice Lifu held that judges should be careful to “accede to such baseless allegations so that they don’t allow litigants to choose judges that suit them.”
He further described the applications as “forum shopping,” adding that the applicants made the allegations so that the case could be assigned to another judge that would do their bidding.
“Parties cannot choose which court they should be heard in. Matters are assigned to judges by the administrative head of the court, and no applicant can choose who to hear and determine their matters.
“A judge must be firm in doing justice and not dance to the whims and caprices of counsel. No court worth its salt should allow this,” the judge said.
Justice Lifu noted that the entire application was based on speculation, adding that if allowed, lawyers could use the application as a tool against the court when they know a case would not favour them.
According to him, if the application for a judge’s recusal is granted in the absence of credible evidence, it will set a dangerous precedent.
“On the whole, I found no merit in the application, and it is hereby dismissed with N500,000 cost each against the applicants and in favour of the plaintiff,” the judge ruled.
When the case was called, a lawyer, Kalu-Kalu Agu, who appeared for Nkemakolam Ukandu, the National Welfare Secretary of ADC, challenged the judge from delivering the ruling, having ordered the deregistration of ADC in his judgement on Monday, June 15.
Agu, on behalf of Ukandu, had filed a motion seeking to be joined in Gombe’s suit.
Present in the court on Tuesday were Gombe’s lawyer, Robert Emukpoeruo, SAN; Realwan Okpanachi, who appeared for Aregbesola; Suleiman Usman, SAN, lawyer to Senator David Mark; and Peter Oyewole, who represented Chief Ralph Nwosu.
After the ruling, Justice Lifu adjourned the case until June 23 for hearing of all pending applications.
Recall that Gombe had filed a suit seeking an order restraining Senator David Mark, the embattled National Chairman of ADC; Ogbeni Rauf 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 the party’s leaders breached the provisions of the party’s constitution and the Electoral Act.
Gombe had sued ADC, Mark, Aregbesola, the Independent National Electoral Commission (INEC), and Ralph Nwosu, the former National Chairman of the ADC, as the 1st to 5th defendants, respectively.
