Court Decides Whether to Withdraw from Suit Against Mark’s Executive on June 16

*INEC asked to deregister NDC, fresh suit in court

Chuks Okocha and Alex Enumah in Abuja

Justice Peter Lifu of the Federal High Court, Abuja, has adjourned the case until June 16 to decide whether he will recuse himself from the suit challenging the leadership of the African Democratic Congress (ADC), led by Senator David Mark.

Justice Lifu set the date for the ruling yesterday, shortly after the recusal applications were adopted and argued by the lawyers representing the parties in the suit.

Hon Nafiu Bala Gombe, a former deputy chairman of the ADC who is claiming the party’s leadership, approached the Federal High Court last year to challenge the election of the national leadership of the ADC.

The suit, opposed by the ADC, has reached the Supreme Court and was returned to the trial court on April 30 for an accelerated hearing.

However, the ADC opposed the hearing of the suit by Justice Peter Lifu, who was newly assigned to hear and determine the case expeditiously.

Justice Emeka Nwite had, on May 8, shortly after the matter returned from the apex court, adjourned the case indefinitely following a letter from Gombe to the Chief Judge (CJ) of the Federal High Court (FHC), Justice John Tsoho, seeking transfer of the case to another judge.

Nwite also requested the parties to furnish him with the judgment of the apex court that had ordered accelerated hearing of all pending applications before the trial court.

However, a few days later the matter was reassigned to Justice Lifu, who assumed jurisdiction on June 3. After hearing all counsel present at the day’s proceedings, he ordered an accelerated trial and adjourned to June 8 for hearing in all pending applications.

When the matter came up on Monday, following a heated argument while lawyers were identifying their individual processes, Justice Lifu ordered counsel to adopt their motions seeking his withdrawal from further trial of the matter over alleged bias against the ADC leadership.

“I have carefully listened to all counsel over and over again and painstakingly considered the chequered nature of the case which went all the way to the Supreme Court and back on the instant of the respondents,” Lifu stated, adding that before the matter was assigned to him there had been all manner of petitions against the suit, amounting to 23.

According to him, while the plaintiff brought three, the respondents had 20, “all geared towards recusal.”

“I hereby ordered all parties to move their application for recusal; parties are granted leave to reply on point of law orally,” the judge held.

The ADC, Senator David Mark, Ogbeni Rauf Aregbesola, the Independent National Electoral Commission (INEC) and Chief Ralph Nwosu are the first to fifth respondents in the suit marked: FHC/ABJ/CS/1819/2025.

Except for the second respondent and INEC, the others, including a party seeking to be joined (National Welfare Secretary, ADC, Nkemakolam Ukandu), all asked Justice Lifu to recuse himself; transfer the matter, or stay proceedings over alleged bias against them.

Ukandu, who was represented by Kalu Kalu Agu, cited the petition against the CJ and Lifu, pending at the National Judicial Council (NJC) as well as another court case against the NJC, Tsoho and Lifu, also pending before the Federal High Court, Abuja, filed last week Thursday.

However, Gombe’s lawyer, Mr Robert Emukpero, SAN, urged the court to dismiss the motions on the grounds that there was no evidence of bias against the respondents.

After listening to all parties, Justice Lifu announced that he would on June 16 rule whether he would withdraw from the matter or continue with it.

Lifu also ordered all intending joinders to file their defense against the main suit, while putting in “abeyance” the recusal motion by Ukandu.

“A person seeking to be joined is not yet a party. I can’t hear a prospective joinder who is yet to be a party in the suit. His motion is put in abeyance.”

“This suit is adjourned to June 16, for composite ruling on the recusal motions and or continuation of trial.”

INEC Asked to Deregister NDC, Fresh Suit in Court

Meanwhile, the pro tem Director of Organisation for All Democratic Alliance (ADA), Ahidjo Karlahi, has slammed a suit against the Nigerian Democratic Congress (NDC), seeking its deregistration by the Independent National Electoral Commission (INEC).

The suit, which was filed last Tuesday before a Federal High Court sitting in Abuja and marked FHC/ABJ/CS/1115/2026, has been assigned to Justice Mohammed Umar by the Chief Justice of FHC, Justice Tsoho.

THISDAY gathered that the national leader and founder of the NDC, Seriake Dickson, had declared that there was no pending litigation or appeal challenging the party’s registration.

Dickson, who spoke during the maiden national convention of the party at the Angeles Event Centre and Mall, Abuja, insisted that it was legally recognised and united ahead of the 2027 general election.

But in the originating summons filed by Karlahi, ADA said the NDC as a political party has not fulfilled the mandatory constitutional and statutory conditions precedent prescribed under Sections 221‑225A of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Sections 75 and 79 of the Electoral Act, 2022.

Karlahi, who joined INEC and NDC as first and second defendants respectively in the suit, argued that the NDC was not listed among the pre‑qualified associations for formal application in the 2025 political parties registration exercise.

According to him, NDC bypassed every mandatory step in the registration process, and as such, it should not be registered as a political party in the country.

“The NDC was not listed among the pre‑qualified associations for formal application in the 2025 political parties registration exercise; The NDC was not listed among those associations that paid the mandatory N2,000,000.00 administrative fee and received access codes to the INEC’s Application Portal for the 2025 registration exercise; The NDC did not access INEC’s dedicated Political Party Registration Portal during the 2025 registration exercise which is the only way to fill the Form EC15A; The NDC did not hence fill INEC’s mandatory form EC15A, which is the only valid means of formally applying for registration as a political party; and The NDC was not listed among the pre‑qualified political associations published by INEC as having applied. These are not mere allegations – they are matters of public record.”

The ADA chieftain urged the court to declare the continuing validity of the NDC’s registration as unconstitutional, illegal, unlawful, ultra vires, null and void.