Justice Peter Lifu of the Federal High Court, Abuja, has adjourned until June 16 to determine whether he will recuse himself from the case challenging the leadership of the African Democratic Congress (ADC) under Senator David Mark. The decision was announced on Monday after lawyers for both sides presented and argued their motions for recusal.
Background of the Case
Hon. Nafiu Bala Gombe, a former deputy chairman of the party, initiated the suit last year, challenging the election of the ADC national leadership. The case has progressed to the Supreme Court and was returned to the trial court on April 30 for an accelerated hearing. The ADC has opposed the suit throughout.
Assignment to Justice Lifu
The matter was reassigned to Justice Lifu after Justice Emeka Nwite adjourned it indefinitely on May 8, following a letter from Gombe to the Chief Judge of the Federal High Court, Justice John Tsoho, requesting a transfer to another judge. Justice Nwite also asked parties to provide the Supreme Court judgment that ordered accelerated hearings. Justice Lifu assumed jurisdiction on June 3 and ordered an accelerated trial, setting June 8 for hearing all pending applications.
Recusal Applications
During Monday's proceedings, after a heated exchange during identification of processes, Justice Lifu directed counsel to adopt their motions seeking his withdrawal from the case due to alleged bias against the ADC leadership. The respondents include the ADC, Senator David Mark, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC), and Chief Ralph Nwosu. Except for the second respondent and INEC, all others, including a party seeking to join (National Welfare Secretary, ADC, Nkemakolam Ukandu), requested Justice Lifu to recuse himself, transfer the matter, or stay proceedings.
Ukandu, represented by Kalu Kalu Agu, cited a petition against the Chief Judge and Justice Lifu pending at the National Judicial Council (NJC), as well as another court case against the NJC, Tsoho, and Lifu filed last week. In contrast, Gombe's lawyer, Mr. Robert Emukpero, SAN, urged the court to dismiss the motions, arguing there was no evidence of bias against the respondents.
After listening to all parties, Justice Lifu announced that he would deliver his ruling on June 16 on whether to withdraw or continue with the matter.
