Court fines ADC and Aregbesola ₦1 million for filing a judge‑recusal application in a Gombe case.

The Federal High Court in Abuja imposed a fine of one million Naira on the African Democratic Congress (ADC) and its National Secretary, Ogbeni Rauf Aregbesola, after they filed an application seeking the withdrawal of a judge from a lawsuit involving the party.

The News Agency of Nigeria reports that ADC and Aregbesola each submitted separate motions asking Justice Peter Lifu to recuse himself from the case filed by Nafiu-Bala Gombe, alleging bias.

In a ruling delivered on Tuesday, Justice Lifu dismissed the motions, stating they lacked merit and contained no credible evidence. He noted that the applications appeared to aim at frustrating a Supreme Court order for an accelerated hearing.

The judge said the affidavits presented by the applicants were extraneous and that the court had carefully considered all parties’ submissions and affidavit evidence, finding no indication of bias.

“There is no element of bias being painted by the applicants as alleged,” he said.

Justice Lifu pointed out that the recusal motions were filed before the court had assumed jurisdiction over the case.

“Where then is the element of bias in the motions for recusal?” he asked.

The judge described the applications as “an abuse of court process” and said they 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 said.

Justice Lifu warned that judges should not accede to such baseless allegations, which could allow litigants to “choose judges that suit them.” He further described the applications as “forum shopping,” claiming the applicants sought to have the case assigned to a judge who would favor them.

“Parties cannot choose which court they should be heard in. Matters are assigned to judges by the administrative head of the court, and no applicant can choose who will 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 said the entire application was based on speculation and that allowing it would set a dangerous precedent, potentially enabling lawyers to use such tactics against the court when a case is unfavorable.

He concluded, “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.”

Earlier in the proceedings, a lawyer, Kalu‑Kalu Agu, who represented Nkemakolam Ukandu, the National Welfare Secretary of ADC, challenged the judge’s ruling, citing the court’s earlier decision to deregister ADC for failing to meet the constitutional threshold.

Agu filed a motion seeking to be joined in Gombe’s suit and reminded the judge that the court had ordered the Independent National Electoral Commission to deregister ADC, effectively rendering the party a “dead” entity under the law.

“My lord, the clerk of this court did mention the matter is slated for a ruling today. In view of your lordship’s ruling and the continuous existence of the 1st defendant (ADC) in this matter, and having been declared dead, I don’t see any reason why this ruling should continue. In your judgment, this court ordered INEC to deregister the 1st defendant. So in the eye of the law, the 1st defendant is not existing,” Agu submitted.

“Are you a party in this suit?” Justice Lifu asked.

“Yes, I am my lord,” Agu replied.

“Who joined you, or did you join yourself in your chambers?” the judge asked.

Gombe’s lawyer, Robert Emukpoeruo, SAN, disagreed with Agu’s assertion that he was a party in the suit, noting that he had not yet read the judgment referenced by Agu and that, under Order 9 Rule 14(4) of the court, Ukandu was not yet a party until joined by the judge.

When Agu attempted to respond, the judge threatened to invoke the court’s powers against him.

Realwan Okpanachi, representing Aregbesola; Suleiman Usman, SAN, lawyer to Senator David Mark; and Peter Oyewole, who represented Chief Ralph Nwosu, also made their respective submissions.

In his ruling, Justice Lifu clarified that the current case was distinct from Monday’s matter, where a judgment was delivered against ADC.

After the ruling, the case was adjourned until June 23 for the hearing of all pending applications.

Gombe, in the suit, is seeking an order restraining Senator David Mark, the National Chairman of ADC; Ogbeni Rauf Aregbesola, the National Secretary; and members of their interim National Working Committee from presenting themselves as the party’s leaders. He argued that the emergence of Mark, Aregbesola, and other NWC members as the party’s leaders breached the provisions of the party’s constitution and the Electoral Act.

Gombe sued ADC, Mark, Aregbesola, the Independent National Electoral Commission, and Ralph Nwosu as the first to fifth defendants, respectively, in the suit marked FHC/ABJ/CS/1819/2025. Nwosu was the former ADC National Chairman who stepped down for David Mark’s leadership of the party. (NAN)

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