A chieftain of the African Democratic Congress (ADC), Nkemakolam Ukandu, has filed a fresh motion, asking Justice Peter Lifu of the Federal High Court in Abuja, to withdraw from further hearing in the suit challenging the the Senator David Mark-led National
leadership of the party.
The request contained in a Motion on Notice dated and filed on June 5, is specifically asking the court for an order, “directing Hon. Justice Peter Lifu to recuse himself from presiding over Suit No: FHC/ABJ/CS/1819/2025 HON. NAFIU BALA GOMBE V. AFRICAN DEMOCRATIC CONGRESS & 4 ORS, pending the hearing and determination of the Applicant’s Petition to the National Judicial Council against Justice John Tsoho, the Chief Judge of the court and Justice Lifu.
The plaintiff, alternatively, prayed for an order of the court transferring the case file in Suit No: FHC/ABJ/C8/1819/2025 HON. NAFIU BALA GOMBE V. AFRICAN DEMOCRATIC CONGRESS & 4 ORS back to the Chief Judge, pending the hearing and determination of the Applicant’s Petition to the National Judicial Council against Hon. Justice John Tsoho and Hon. Justice Peter Lifu as well as Suit No: FHC/ABJ/CS/1165/2026: NKEMAKOLAM UKANDU VS. NATIONAL JUDICIAL COUNCIL & 20R.
He also sought an order of the court staying further proceedings in the suit pending the hearing and determination of the Applicant’s Petition to the National Judicial Council against the defendants.
The request is coming barely 24 hours after the applicant, Nkemakolam Ukandu, who is the National Welfare Secretary of the ADC, filed a suit against the NJC, the Chief Judge of the Federal High Court, Justice John Tsoho and Justice Peter Lifu, accusing them of corruption, disobedience to the orders of the Supreme Court as well as claims of manifest bias.
The request is also coming barely 72 hours after the National Secretary of the ADC, Ogbeni Rauf Aregbesola filed a similar suit asking Lifu to recuse himself from the party’s leadership suit, over alleged “lack of confidence” in the judge’s impartiality.
Aregbesola in the motion on notice dated and filed June 1, by his lawyer, Mohammed Sheriff, while stating that the Constitution guarantees every litigant a hearing before an independent and impartial panel, accused Justice Lifu of bias in his ruling in a separate suit filed by the Incorporated Trustees of the National Forum of Former Legislators vs. INEC & 6 others; where ADC is the 3rd defendant.
Meanwhile, Justice Lifu had on Wednesday ordered accelerated hearing in the matter, including the application of Ukandu seeking to be joined as a party in the suit by Gombe.
Ukandu predicated his motion for recusal on four grounds among which are that, “The subject matter of the petition and the suit is on grounds of corruption, abuse of judicial powers, disobedience to court orders and bias by Hon. Justice John Tsoho and Hon, Justice Peter Lifu against the Applicant”.
He submitted that it would be in the interest of justice and respect for the protection of the sanctity of the judiciary that Lifu recuses himself from this suit and/or transfer the case file of this matter back to the Chief Judge or stay further proceedings in this matter pending the hearing and determination of the petition before the NJC.
An aggrieved National Deputy Chairman of the ADC, Nafiu Bala Gombe had approached the court for an order restraining the Mark leadership from parading themselves as leaders of the ADC pending the hearing and determination of his suit challenging their leadership.
He had also asked the court to issue another order against the Independent National Electoral Commission (INEC), restraining it from recognizing the Mark leadership.
But in his ruling in the interlocutory application, Justice Emeka Nwite had ordered Gombe to put the defendants on notice so that they appear before the court to show cause, why the application should not be granted.
Rather than appearing before the trial court to show cause, the defendant appealed to the Abuja division of the Court of Appeal, challenging the jurisdiction of the trial court to dabble into the matter they described as internal matters of the ADC.
The appellate court in dismissing the appeal for lacking in merit, ordered accelerated hearing in the suit and further ordered all parties to maintain status quo ante bellum.
Dissatisfied, Mark approached the Supreme Court for an order setting aside the status quo ante bellum order but as well as another order declaring that the two lower court erred in law by entertaining Gombe’s suit being a subject matter of the internal affairs of the ADC.
While the apex court had in its judgement set aside the order for status quo ante bellum, the five-member panel however returned matter to the trial court for accelerated trial.
However, the trial could not proceed on May 8, due to request by the plaintiff, for a transfer of the case from the former judge, Justice Emeka Nwite.
Besides, the former judge had adjourned the suit indefinitely, pending the submission of the Certified True Copy (CTC) of the judgement of the Supreme Court as well as the decision of the Federal High Court Chief Judge (CJ), Justice John Tsoho, on the letter of the plaintiff seeking the transfer of the case to another judge.
However, following the recommendation by the National Judicial Council (NJC), for the appointment of Nwite as a Justice of the Court of Appeal, the matter was reassigned to Justice Lifu; a development which led to a petition against the CJ and Justice Lifu at the NJC, as well as the current suit marked: FHC/ ABJ/ CS/ 1165/2026.
The applicant in the suit alleged that the ADC would not get justice in the court of Justice Lifu owing to his alleged relationship with the Minister of the Federal Capital Territory (FCT), whom the accused alongside the ruling All Progressives Congress (APC) of plotting to destroy opposition political parties in the country.
“The Plaintiff believes as his matter, pending before the 3rd Defendant’s Court in Suit No: FHC/ABJ/CS/1819/2025, affects Nyesom Wike’s interest, he would not get justice.
“The 3rd Defendant has consistently disregarded the doctrine of stare decisis which is one of the hallmarks of the judicial system and has displayed clear bias against me.
“The 3rd Defendant is on a dangerous mission to destroy all the opposition parties in Nigeria to serve the interest of Nyesom Wike, the Ruling APC and Bola Ahmed Tinubu whom he visited shamelessly begging for landed property in Abuja which is against the code of conduct for Judicial Officers in Nigeria.
“Nyesom Wike is the Minister of the Federal Capital Territory in the cabinet of the President of Nigeria and he supports the president’s reelection aspiration.
“Nyesom Wike is believed to be the cause of the protracted internal crises bewildering the Peoples Democratic Party (PDP) and does not want a strong opposition political party to exist to contest against the president of Nigeria in 2027 Presidential Election.
“The 3rd Defendant, in his proceedings had shown disdain to the ethics of judicial oficers and the legal profession.
“The 2nd and 3rd Defendants are handling the Plaintiff’s matter as if they are untouchable and no judicial consequences for their wrongful actions and/or inactions”, he averred.
Meanwhile, barring any unforeseen circumstances, the matter is billed to come up for hearing on Monday June 8, before Justice Peter Lifu.
