Court Fines ADC, Aregbesola N1m Over Judge Recusal Bid

The Federal High Court in Abuja has ordered the African Democratic Congress and its National Secretary, Ogbeni Rauf Aregbesola, to pay a total cost of N1 million after rejecting their requests for Justice Peter Lifu to withdraw from a suit involving the party’s leadership crisis.

The applications were filed separately by ADC and Aregbesola in response to a case brought by party member Nafiu-Bala Gombe. They argued that the judge should no longer handle the matter because of alleged bias.

In his ruling, Justice Lifu held that the applications lacked merit and failed to present any convincing evidence to support the allegations. He said the court carefully examined all the processes and affidavits before arriving at its decision and found no conduct that suggested prejudice against any party.

The judge noted that the requests for his recusal were made before the court had even taken full jurisdiction over the matter, making the allegations difficult to justify. He described the applications as defective and an abuse of court process.

According to the court, accusations of bias are serious and must be supported by clear and credible evidence. Justice Lifu said the applicants failed to meet that standard and appeared to be attempting to pressure the court through unfounded claims.

He also warned against situations where litigants try to influence which judge hears their cases. The judge said allowing such actions could create a dangerous situation in which parties seek courts they believe would favour their positions.

Justice Lifu further stated that judges are assigned cases through established administrative procedures and that no litigant has the right to choose who should preside over a matter. He added that courts must remain independent and avoid yielding to pressure from any side.

As a result, the court dismissed the applications and ordered ADC and Aregbesola to pay N500,000 each to the plaintiff.

Before the ruling was delivered, lawyer Kalu-Kalu Agu, who appeared for ADC National Welfare Secretary Nkemakolam Ukandu, argued that the court should not proceed because Justice Lifu had a day earlier ordered the deregistration of ADC in another case.

Agu contended that since the party had been declared deregistered in that judgment, there was no basis for continuing proceedings involving the party. However, the court questioned his standing in the matter and pointed out that his client had not yet been formally joined as a party to the suit.

Counsel representing Gombe opposed Agu’s position and argued that the previous judgment had no effect on the proceedings before the court. Other lawyers representing Aregbesola, Senator David Mark and former ADC National Chairman Ralph Nwosu also addressed the court.

Justice Lifu later clarified that the case before him was different from the matter in which the judgment concerning the party’s deregistration was delivered.
Following the ruling, the court adjourned the case until June 23 for the hearing of pending applications.

The suit was filed by Gombe, who is challenging the emergence of Senator David Mark as National Chairman of ADC, Aregbesola as National Secretary and other members of the party’s interim National Working Committee. He argues that their appointments violated provisions of the party’s constitution and the Electoral Act.

Listed as defendants in the case are ADC, Senator Mark, Aregbesola, the Independent National Electoral Commission and former party chairman Ralph Nwosu. The case remains one of several legal battles surrounding the party’s leadership and internal structure ahead of the 2027 elections.