The suit was filed by Nafiu-Bala Gombe, a member of the ADC laying claim to be the authentic chair of the party.
The African Democratic Congress (ADC) nas its interim national secretary Rauf Aregbesola on Monday asked Judge Peter Lifu of the Federal High Court in Abuja to withdraw from a suit concerning the party’s leadership dispute.
The suit was filed by Nafiu-Bala Gombe, a member of the ADC laying claim to be the authentic chair of the party.
In the suit, Mr Gombe sued the ADC, the party’s interim national chairperson, David Mark; interim national secretary, Mr Aregbesola; the Independent National Electoral Commission (INEC) and Ralph Nwosu.
Mr Gombe, an official of the party before a wave of defection to the party led to a change in its leadership composition, is challenging the process that produced Mr Mark and Mr Aregbesola as national chairman and national secretary of the party. He argues that their emergence was unlawful and contrary to the party’s constitution.
He asked the court to nullify their appointments and restrain them from parading themselves as leaders of the party.
Mr Gombe opposed the applications for the judge to withdraw from the suit and asked the court to continue hearing the matter.
The case, initially before Judge Emeka Nwite of the same court, went to the Supreme Court, later returned to the Federal High Court and reassigned to Judge Lifu for adjudication.
After hearing parties on Monday, the judge noted that more than 20 applications were before the court. The applications included preliminary objections and motions for recusal.
The judge also noted that the case had gone to the Supreme Court and returned before it was assigned to him.
Mr Lifu observed that most of the defence’s applications centred on requests for him to withdraw from the matter. He therefore decided to hear all the motions for withdrawal.
While moving the motion for recusal, ADC’s lawyer, Shaibu Aruwa, a Senior Advocate of Nigeria (SAN), noted that his own application was filed on 2 June.
The senior lawyer said the motion sought an order directing the judge to withdraw from the suit and return the case file to the Chief Judge of the Federal High Court John Tsoho for reassignment.
He urged the court to grant the application in the interest of justice.
Also moving his motion, Realwan Okpanachi, who appeared for Mr Aregbesola, said his client motion for recusal was filed on 2 June and urged the court to grant it.
But Mark’s lawyer, Suleiman Usman, did not move any recusal application, and did not say anything about it.
Also, Adamu Bello, who appeared for the Independent National Electoral Commission (INEC), said the commission was not seeking the judge’s withdrawal and had no such motion before the court.
Mr Nwosu, too, did not ask the judge to withdraw.
Meanwhile, Kalu-Kalu Agu, who appeared for Nkemakolam Ukandu, the National Welfare Secretary of ADC seeking to join the suit as a party, noted that he had a motion for recusal and also sought an order staying further proceedings pending the hearing of his client’s petition against the judge and the Chief Judge of the court.
He also referred to a pending suit at the Federal High Court against the National Judicial Council (NJC’) the Chief Judge, and Judge Lifu.
He said Mr Ukandu maintained that he could not get justice in the matter if it was handled by certain judges, including “James Omotosho, Abdulmalik, and Lifu”.
Recall that while the case was still pending, reports earlier this month showed that Mr Ukandu filed a separate suit against the NJC, the Chief Judge and Judge Lifu over the reassignment of the leadership case. The suit cited a petition that reportedly accused the judges of bias and abuse of judicial powers.
Mr Ukandu, who sought to join the main suit filed by Mr Gombe, argued that the reassignment of the case from Judge Nwite to Mr Lifu violated an earlier Supreme Court directive which, according to him, returned the matter to Mr Nwite for continuation of proceedings.
When the judge asked Mr Ukandu’s lawyer on Monday when the petition was filed, he said it was filed on 2 June, prompting the judge to express surprise that it was filed before his court assumed jurisdiction in the matter.
However, Mr Gombe urged the court to hear the case and dismiss the motions seeking the judge’s withdrawal.
The applicant, through his lawyer Lukman Fagbemi also SAN, said the defendants failed to place evidence before the court to justify the applications.
Mr Fagbemi made the argument while responding to the motions filed by Messrs Aruwa for the ADC and Okpanachi for Aregbesola.
He urged the court to dismiss the applications and also asked the court to discountenance Mr Ukandu’s motion for recusal.
Mr Fagbemi said counter-affidavits had been filed in response to the defence motions.
He added that the judge had not taken evidence, made any pronouncement, or shown any opinion that could suggest bias.
