The Chief Judge of the Federal High Court, John Tsoho, and a judge of the court, Peter Lifu, have asked the court to dismiss a suit filed against them by an official of the African Democratic Congress (ADC), Nkemakolam Ukandu, over allegations of bias.
Messrs Tsoho and Lifu made the request through their lawyer, J.U.K. Igwe, a Senior Advocate of Nigeria (SAN), before Judge Salim Ibrahim of the Federal High Court in Abuja on Monday.
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Mr Igwe informed the court that a joint preliminary objection and a joint statement of defence had been filed in response to the suit. He also expressed dismay that a lawyer could institute such an action in court.
Mr Ukandu, the ADC National Welfare Secretary, sued the National Judicial Council (NJC), Mr Tsoho and Mr Lifu as over alleged disobedience to a court order.
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In the suit, he seeks an order compelling the NJC to investigate allegations of corruption and abuse of judicial powers against Messrs Tsoho and Lifu.
But when the matter was called, no lawyer appeared for Mr Ukandu or the NJC.
However, Mr Igwe announced his appearance for Messrs Tsoho and Lifu.
When Judge Ibrahim asked whether hearing notices had been served on the plaintiff and the NJC, the court registrar confirmed that proofs of service were in the court file.
“I want to see the proof of service of the hearing notice because I personally told them to ensure that all parties were duly served. “Henceforth, you must ensure within 24 hours that all parties are duly served,” the judge said.
Mr Igwe then informed the court that a conditional appearance, a notice of preliminary objection and a joint statement of defence had been filed.
According to him, all the processes were dated and filed 19 June. “If it pleases your lordship, we can have a date for the hearing of our preliminary objection so that when we serve them, it will be known to them that it is for hearing,” he suggested.
The judge, however, observed that the processes were not in the court file and subsequently adjourned the matter until 30 June for mention.
He also ordered that the plaintiff and the NJC be served with all the processes and directed that hearing notices be issued and served on both parties.
Background
The suit arose from the ADC leadership dispute involving an aggrieved party member, Nafiu-Bala Gombe, whose case is currently before Mr Lifu.
In that suit, Mr Gombe sued the ADC, the party’s interim national chairperson, David Mark; interim national secretary, Rauf Aregbesola; the Independent National Electoral Commission (INEC); and Ralph Nwosu.
Mr Gombe, a party official before recent defections altered the party’s leadership structure, is challenging the emergence of Mr Mark and Mr Aregbesola as national chairperson and national secretary.
He argues that their appointments violate the party’s constitution.
The case was initially assigned to Emeka Nwite of the same Court, but later went to the Supreme Court before returning back to the Federal High Court, where it was reassigned to Mr Lifu following an application by the applicant to that effect.
Mr Ukandu sought to join the suit through an application filed by his lawyer, Kalu Agu, but the application was rejected.
He accused Messrs Tsoho and Lifu of manifest bias and alleged that they were willing to act against the interests of the party.
In the suit, Mr Ukandu faulted Mr Tsoho for reassigning the case to Mr Lifu after it was withdrawn from Mr Nwite.
He argued that the reassignment disregarded orders of the Supreme Court and those previously made by Judge Nwite.
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PREMIUM TIMES also reported that the case is scheduled to come up on Tuesday, (23 June).
Judge Lifu had imposed a fine of N500,000 each on the ADC and its interim National Secretary, Rauf Aregbesola, over their application seeking his withdrawal from the suit.
He imposed the fine in a ruling on a recusal application filed by the ADC and Mr Aregbesola, a former governor of Osun State and former minister of interior.
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