Nkemakolam Ukandu, the national welfare secretary of the African Democratic Congress (ADC), has sued John Tsoho, the chief judge of the federal high court, over alleged disobedience to court order.
The National Judicial Council (NJC) was listed as the first
respondent in the suit, while Tsoho and Peter Lifu, a judge, are second and
third respondents respectively.
In the suit marked FHC/ABJ/CS/1165/2026 and filed on
Thursday, Ukandu sought an order of the court compelling NJC to investigate
allegations of corruption and abuse of judicial powers against Tsoho.
The ADC national welfare secretary said the reassignment of
a suit involving the crisis in the party to Lifu by the federal high court
chief judge was in disregard to the orders of the supreme court and Emeka
Nwite, a judge.
POINT OF CONTENTION
In May, Tosho reassigned a suit challenging the legality of
the ADC leadership led by David Mark, to a new judge.
The case, filed by Nafiu Bala, a former deputy national
chairman of the party, was transferred to Lifu for adjudication.
Nwite, the former presiding judge of the suit, was among 12
judges recently recommended by the NJC for appointment as justices of the court
of appeal.
In the suit marked FHC/ABJ/CS/1819/2025, Bala is seeking to
stop Mark, national chairman of the ADC; Rauf Aregbesola, national secretary;
and members of the party’s interim national working committee (NWC) from acting
as leaders of the party.
The reassignment of the suit came weeks after the supreme
court directed parties in the dispute to return to the federal high court for
an accelerated hearing of the matter.
The apex court had, on April 30, set aside a decision of the
court of appeal that ordered parties to maintain status quo in the leadership
tussle — an order that INEC relied upon in withdrawing recognition of the
Mark-led leadership of the ADC.
However, when the matter came up for hearing on May 8
following the apex court’s decision, Luka Haruna, counsel to Bala, informed the
court that a letter has been sent to the chief judge requesting that the case
be transferred to another judge.
The request was opposed by lawyers representing the ADC,
Mark, Aregbesola and Nwosu, who described the move as an attempt at “forum
shopping” and argued that it could frustrate the directive for an accelerated
hearing.
The defence lawyers also said they had confidence in the
impartiality and integrity of Nwite’s court.
Following the disagreement, Nwite adjourned the matter
indefinitely pending the receipt of a certified true copy of the supreme court
judgment.
UKANDU’S ARGUMENTS
According to NAN, Ukandu, in the suit, said the respondents
and parties who intend to join the suit opposed the request of Bala’s counsel
for the reassignment of the case.
The ADC executive member said Nwite adjourned the matter
indefinitely pending the receipt of the certified true copy of the judgment of
the supreme court.
Ukandu argued that Tsoho reassigned the case to Lifu without
complying with the orders of the supreme court and Nwite.
He said Lifu went ahead and fixed hearing of the matter for
June 3 without considering the judgment of the supreme court.
Ukandu claimed that he will not get justice in the case over
what he described as alleged ties of Lifu to Nyesom Wike, minister of the
Federal Capital Territory (FCT).
“The plaintiff believes as his matter, pending before the
3rd defendant’s court in Suit No: FHC/ABJ/CS/1819/2025, affects Nyesom Wike’s
interest, he would not get justice,” part of the court document reads.
“The 3rd defendant has consistently disregarded the doctrine
of stare decisis which is one of the hallmarks of the judicial system and has
displayed clear bias against me.
“Nyesom Wike is the Minister of the Federal Capital
Territory in the cabinet of the President of Nigeria and he supports the
president’s reelection aspiration.
“Nyesom Wike is believed to be the cause of the protracted
internal crises bewildering the Peoples Democratic Party (PDP) and does not
want a strong opposition political party to exist to contest against the
president of Nigeria in 2027 Presidential Election.
“The 2nd and 3rd defendants are handling the plaintiff’s
matter as if they are untouchable and no judicial consequences for their
wrongful actions and/or inactions.”
He sought an order to direct the NJC “to investigate the
allegation of corruption, abuse of judicial powers, disobedience to court
orders and manifest bias” involving the second and third defendants.
He also sought an order of injunction, restraining Lifu from
continuing to preside over Bala’s suit, pending the hearing and determination
of the petition before the NJC.
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