ADC leadership crisis: Judge declines to hand off case, issues fines, adjournment

Justice Peter Lifu of the Federal High Court sitting in Abuja, on Tuesday, declined to recuse himself from the suit seeking to remove the Senator David Mark-led executives of the African Democratic Congress (ADC).

A fine of one million Naira was also awarded against the ADC and its embattled National Secretary, Ogbeni Rauf Aregbesola, over the application seeking the judge’s withdrawal from the suit.

Delivering a ruling on Tuesday, Justice Lifu held that the motions lacked merit and were devoid of credible evidence aimed at frustrating the order of the Supreme Court for an accelerated hearing of the case.

The judge held that the reasons advanced in the affidavits by the applicants were extraneous.

According to him, the court has painstakingly considered all three processes by parties and by affidavit evidence; there is no iota of bias found.

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

The judge recalled that the motions for recusal were filed even when the court had yet to assume jurisdiction on the case.

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

The judge, who described the applications as “an abuse of court process”, said 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 said.

Justice Lifu held that judges should be careful to “accede to such baseless allegations so that they don’t allow litigants to 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 in.

“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 the plaintiff,” the judge ruled.

Consequently, he fixed June 23 for accelerated hearing of the suit filed by a former national deputy chairman (North-East) of the ADC, Nafiu Bala Gombe, who is challenging the legality of the Senator Mark-led Caretaker Committee of the party.