Aregbesola Asks Judge To Withdraw, Court To Reassign ADC Leadership Case
National Secretary of the African Democratic Congress (ADC), Rauf Aregbesola, has asked Justice Peter Lifu of the Federal High Court in Abuja to withdraw from the suit challenging the leadership of the party.
The application was filed less than 24 hours before the scheduled hearing of the case instituted by Nafiu-Bala Gombe against the leadership headed by former Senate President David Mark.
Justice Lifu had fixed the matter for hearing after the Chief Judge of the Federal High Court, John Tsoho, reassigned the case to him.
The suit was initially before Justice Emeka Nwite, but was reassigned following his nomination as one of the 12 judges recommended for appointment to the Court of Appeal.
Gombe is challenging the legitimacy of the David Mark-led leadership of the ADC.
In a motion dated June 1 and filed on June 2 through his lawyer, Mohammed Sheriff, Aregbesola urged Justice Lifu to recuse himself and return the case to the Chief Judge for reassignment.
The former Osun State governor argued that certain developments had created a reasonable apprehension regarding the court’s impartiality.
According to him, the Constitution guarantees every litigant the right to a fair hearing before an independent and impartial court.
Aregbesola referred to another case involving the ADC in which Justice Lifu allegedly made decisions he considered inconsistent with established legal principles.
He alleged that the court ordered accelerated hearing in a matter that was not a pre-election dispute and refused applications seeking a stay of proceedings despite the existence of a pending appeal.
The ADC national secretary also cited proceedings at the Court of Appeal, where he said a stay of further proceedings was eventually granted.
Aregbesola argued that a reasonable observer could question the fairness of proceedings before the court.
“The applicant has no confidence in this court to administer justice in these proceedings,” he stated.
“The applicant believes that a fair-minded observer would reasonably apprehend a lack of confidence in proceedings before this honourable court.”
The case was filed by Gombe, a former Deputy National Chairman of the ADC, who is seeking an order restraining David Mark, Rauf Aregbesola and members of the party’s interim National Working Committee from presenting themselves as the party’s leaders.
He contends that their emergence violated provisions of the ADC constitution and the Electoral Act.
The defendants in the suit include the ADC, David Mark, Aregbesola, the Independent National Electoral Commission and former ADC National Chairman Ralph Nwosu.
Naija News reports that the dispute comes amid wider divisions within the ADC following the party’s presidential primary.
Former Vice President Atiku Abubakar emerged as the party’s presidential candidate after defeating Rotimi Amaechi and Mohammed Hayatu-Deen at the national convention.
However, another faction of the party later conducted a separate convention and adopted Dumebi Kachikwu as its presidential candidate for the 2027 election.
The matter is scheduled for hearing before Justice Lifu on Wednesday.
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