Court Threatens To Dismiss ADC Suit Against FHC Chief Judge, Justice Lifu

The Federal High Court in Abuja has threatened to dismiss a suit filed by a chieftain of the African Democratic Congress (ADC), Nkemakolam Ukandu, against the Chief Judge of the Federal High Court, Justice John Tsoho, and Justice Peter Lifu over alleged bias and disobedience to court order.

Naija News reports that Justice Salim Ibrahim gave the warning on Tuesday after Ukandu and his lawyer failed to appear in court when the matter came up for mention.

The judge said the case could be dismissed for want of diligent prosecution if the plaintiff failed to appear or be represented at the next adjourned date.

Ukandu, who is the National Welfare Secretary of the ADC, sued the National Judicial Council (NJC), Justice Tsoho and Justice Lifu as first to third defendants, respectively.

In the suit marked FHC/ABJ/CS/1165/2026, he is seeking an order compelling the NJC to investigate allegations of corruption, abuse of judicial powers and bias against the two judicial officers.

When the matter was called on Tuesday, only counsel to Justice Tsoho and Justice Lifu, J.U.K. Igwe (SAN), was present in court.

Igwe recalled that neither Ukandu nor his lawyer was in court when the case was last called on June 22.

He urged the court to strike out the suit, arguing that the plaintiff appeared unwilling to prosecute the matter.

Justice Ibrahim, however, declined to strike out the case immediately, saying the plaintiff should be given another opportunity in line with fair hearing.

Igwe also informed the court that attempts to serve the plaintiff with the defendants’ preliminary objection and other processes had failed.

He said the bailiff reported that the address of the plaintiff’s counsel at No. 4 Oyo Street, Garki Area 2, Abuja, could not be located because there was no building on the plot.

The defendants subsequently filed a motion ex-parte dated June 25, seeking an order for substituted service.

They asked the court to permit service of their preliminary objection, memorandum of conditional appearance, joint statement of defence and other processes by pasting them at the entrance gate of the address.

They also sought, in the alternative, permission to serve the documents electronically through WhatsApp using the phone number provided by the plaintiff in his writ of summons.

Justice Ibrahim granted the application in part and directed that the court processes be pasted at the gate of the address.

He also ordered Justice Tsoho and Justice Lifu to ensure that the order is served on Ukandu and the NJC.

The matter was adjourned until July 6 for hearing.

The case is connected to the leadership crisis rocking the ADC.

The dispute involves a suit filed by an aggrieved party member, Nafiu-Bala Gombe, seeking to restrain the leadership led by Senator David Mark from parading themselves as the authentic leaders of the party.

Ukandu, who is seeking to be joined in the suit marked FHC/ABJ/CS/1819/2025, accused Justice Tsoho and Justice Lifu of bias and acting in favour of certain interests against the party.

He also faulted the reassignment of the case to Justice Lifu after it was withdrawn from Justice Emeka Nwite, alleging that the action violated previous court orders.