By BANNERNEWS Reporter, Abuja
A Federal High Court in Abuja has slammed a N1 million cost against the African Democratic Congress (ADC) and its National Secretary, Rauf Aregbesola, for seeking the recusal of Justice Peter Lifu from a suit challenging the party’s current leadership structure.
Justice Lifu, in a ruling delivered on Tuesday, dismissed separate applications filed by the ADC and Aregbesola, describing them as a form of “forum shopping” aimed at frustrating the speedy determination of the case. The judge held that the allegations of bias levelled against the court were unfounded and unsupported by any credible evidence.
The suit was instituted by an aggrieved ADC member, Bala Nafiu, who is challenging the emergence of former Senate President David Mark, Aregbesola and members of the party’s interim National Working Committee (NWC). Nafiu is seeking an order restraining them from parading themselves as the party’s leaders, arguing that their emergence contravened the ADC constitution and provisions of the Electoral Act.
Listed as defendants in the suit are the ADC, David Mark, Aregbesola, the Independent National Electoral Commission (INEC), and former ADC National Chairman, Ralph Nwosu. Nwosu had stepped aside following the leadership transition that brought Mark and his team into office.
Rejecting the recusal applications, Justice Lifu ruled that the motions were defective, speculative and amounted to an abuse of court process. He stated that after reviewing all affidavits and submissions before the court, there was no evidence whatsoever to justify claims of bias against him.
“The law is settled that allegations of bias are grave and must be backed by clear evidence,” the judge said, adding that the applicants had “failed completely” to establish their claims. He further described the applications as a failed attempt to intimidate and blackmail the court.
The judge warned against a situation where litigants would seek to determine which judges hear their cases, stressing that judicial assignments are the prerogative of the court’s administrative authorities. According to him, no court should permit parties to manipulate proceedings by seeking judges perceived to be favourable to their interests.
Justice Lifu also cautioned that granting such applications without proof would set a dangerous precedent capable of undermining the administration of justice. He consequently awarded N500,000 costs against each applicant, bringing the total penalty to N1 million in favour of the plaintiff.
Drama briefly unfolded before the ruling when counsel to ADC National Welfare Secretary, Nkemakolam Ukandu, argued that the court should not proceed with the matter, citing a separate judgment delivered by the same court on Monday directing INEC to deregister the ADC for allegedly failing to meet constitutional requirements.
However, counsel to Nafiu, Senior Advocate of Nigeria Robert Emukpoeruo, countered that Ukandu was not yet a party to the proceedings, while Justice Lifu maintained that the matter before him was distinct from the judgment referenced by the lawyer.
The court subsequently adjourned the case until June 23 for the hearing of all pending applications.
