Justice Peter Lifu of the Federal High Court sitting in Abuja has awarded a fine of N1 million against the African Democratic Congress (ADC) and its National Secretary, Ogbeni Rauf Aregbesola, over the application seeking the judge’s withdrawal from the suit.
ADC and Aregbesola had, in separate motions, asked the court to recuse itself from the suit filed by Nafiu-Bala Gombe, an aggrieved party member, on the grounds of bias.
Justice Lifu held that the motions lacked merit and were devoid of credible evidence intended to frustrate the Supreme Court’s order for an accelerated hearing of the case.
The judge held that the reasons advanced by the applicants in their affidavits were extraneous.
According to him, the court has painstakingly considered all three processes, both by the parties and through affidavit evidence; no iota of bias has been found.
“There is no element of bias being painted by the applicants as alleged,” he said.
The judge recalled that the motions for recusal were filed even though the court had not yet assumed jurisdiction over 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 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”.
He said the applicants made the allegations so that the case could be assigned to another judge who would do their bidding.
“Parties cannot choose which court they should be heard in.
Matters are assigned to judges by the court’s administrative head, and no applicant can choose which judge will hear and determine their matter.
“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, who said the entire application was based on speculation, said if allowed, lawyers could use this as a tool against the court when they know a case would not favour them.
According to him, granting this application without credible evidence would 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.
