Court fines ADC, Aregbesola N1m over call for judge’s recusal

The Federal High Court in Abuja on Tuesday awarded a fine of N500,000 each against the African Democratic Congress (ADC) and its National Secretary, Ogbeni Rauf Aregbesola, making a total of N1 million, over the application seeking the judge’s withdrawal from the suit. 

The News Agency of Nigeria (NAN) reports that ADC and Aregbesola had in separate motions asked Justice Peter Lifu to recuse himself from the suit filed by an aggrieved party member, Nafiu-Bala Gombe, citing alleged bias. 

Delivering a ruling on Tuesday, Justice Lifu held that the motions lacked merit and were devoid of credible evidence.

He said they were aimed at frustrating the order of the Supreme Court for accelerated hearing of the case. 

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

According to him: “This 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.”

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

He asked: “Where then is the element of bias in the motions for recusal?”

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

Lifu added: “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.”

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

He said: “Parties cannot choose which court they should be heard. 

“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.”

Justice Lifu, who noted that 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.”