By Suleiman Anyalewechi
Barely 24 hours after delivering a controversial judgment on the deregistration of some political parties , Honourable Justice Peter Lifu of an Abuja Federal High Court on Tuesday June 16, 2026, declined to recuse himself from the case involving the internal and leadership crisis of the African Democratic Congress ADC.
Ruling on an application filed by the Senator David Mark-led National Executive Committee of the ADC seeking for his recusal, Justice Lifu held that there were no justifiable, and cogent reasons for him to recuse himself from entertaining the matter.
The Source reports that the Supreme Court had, on April 30, 2026, ordered parties in the motion on notice filed by Nafiu Bala-Gombe, challenging the Mark-led national leadership to return to the trial court for the continuation of proceedings.
Bala-Gombe, a former Deputy National Chairman of the ADC, had challenged the emergence of Senator Mark, and Rauf Aregbesola, as National Chairman and Secretary respectively following the resignation of the erstwhile National Chairman of the party, Chief Ralph Nwosu.
In the suit marked FHC/ABJ/1819/2025 in which the ADC , Independent National Electoral Commission INEC, Mark , Aregbesola and Nwosu are listed as respondents, Bala-Gombe is seeking an order of the Court declaring the emergence of the Senator Mark-led ADC NEC null and void having not being in accordance with the party’s constitution.
Bala-Gombe further asked the Court to issue an order restraining Mark and other members of his ADC NEC from parading themselves in those capacities, their emergence having violated relevant sections of the party’s constitution.
He also prayed the Court to declare him the rightful National Chairman, after the resignation of the former National Chairman Chief Nwosu, as well as ordering the INEC to so recognize him.
At the resumed hearing of the case on June 3, 2026, Aregbesola, the National Secretary in an application filed by his counsel Mohammed Sheriff had requested Justice Lifu to recuse himself from the case, citing lack of confidence in the Judge, and bias as part of the reasons for his action.
Aregbesola who contended that the constitution of the Federal Republic of Nigeria guarantees every citizen and litigant a fair hearing, however, expressed serious reservation over the ability of Justice Lifu to be fair to all parties in the case.
“Certain circumstances have arisen in this matter which create a reasonable apprehension of a lack of confidence by the third defendant( Aregbesola) which may undermine public confidence in the administration of justice”, Aregbesola’s Counsel submitted.
Instructively, former trial Judge, Honourable Justice Emeka Nwite, had, on May 8, 2026, adjourned proceedings indefinitely following a letter written by the plaintiff (Bala-Gombe) to the Chief Judge of the Federal High Court, Honourable Justice John Tsoho, requesting for the transfer of the suit to another Judge.
Justice Nwite had held that it will be inappropriate for him to proceed with the matter without first hearing the official response of the defendants who had claimed not to have been served copies of the said letter to the Chief Judge.
“Taking a decision ,or any action, on such a letter without hearing from the defendants will amount to a breach of their fundamental right in the suit.
“This matter is best adjourned sine die to afford parties the opportunity of properly filing a Certified True Copy CTC of the Judgment in the interlocutory appeal in the suit ,to serve defendants with the letter addressed to the Honourable Chief Judge ,and finally to await further ,or any directive from the Chief Judge of the Federal High Court” Justice Nwite had ruled.
But despite strident protestations and objections by the defendants, the Chief Judge, on May 29, 2026, reassigned the matter to Honourable Justice Lifu ,thus setting the stage for a renewed opposition from the respondents.
Justice Lifu, while dismissing Aregbesola’s application for him to recuse himself, adjourned proceedings to June 3, 2026, for the commencement of an accelerated hearing of motion on notice, in accordance with the Supreme Court’s judgment of April 30.
The trial Judge also imposed a fine of N500,000 each on Mark , and Aregbesola .
Earlier, counsel to the plaintiff, Robert Emukposeruo, SAN, had urged the court to dismiss the defendants’ applications for grossly lacking in merit, arguing that they were all designed to buy time, and frustrate the speedy hearing of the case.
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