*Adjourns to June 23 for hearing in pending motions
Alex Enumah in Abuja
Justice Peter Lifu of a Federal High Court in Abuja, has dismissed two applications asking him to withdraw from further trial in the suit challenging the Senator David Mark-led leadership of the African Democratic Congress (ADC).
Justice Lifu, in a ruling on Tuesday, held that the two applications filed by the ADC and its National Secretary, Mr. Rauf Aregbesola, lacked merit, devoid of credible evidence and aimed at frustrating the accelerated hearing in the matter as ordered by the Supreme Court.
An aggrieved member of the ADC, Nafiu-Bala Gombe, had last year dragged the party to court seeking the de-recognition of the leadership of the ADC under the national chairmanship of Senator Mark.
The suit originally heard by Justice Emeka Nwite, was early this month reassigned to Justice Lifu, after the apex court ordered a return to the trial court for accelerated trial.
Alleging bias, the ADC and Aregbesola filed two separate applications asking Lifu to recuse himself from further hearing in the matter, return the case file to the Chief Judge of the Federal High Court for reassignment to another judge or stay further proceedings in the matter.
Justice Lifu, after taking submissions from parties last week, had adjourned to June 16, to rule whether he would recuse himself or not from the trial.
Delivering ruling on Tuesday, the judge however declined to withdraw from the case on the grounds that the reasons advanced in the affidavits by the applicants were extraneous.
According to Lifu, “There is no element of bias being painted by the applicants as alleged.”
While describing the applications as “an abuse of court process”, the judge stated that 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 held.
Meanwhile, he stressed that judges should be careful to “accede to such baseless allegations so that they don’t allow litigants 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 that would do their bidding.
“Parties cannot choose which court they should be heard.
“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, 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, if this application 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 plaintiff,” the judge ruled.
Meanwhile, the case was adjourned until June 23 for hearing of all pending applications.
